Colocation: what are the rules?

Verified 01 October 2026 - Public Service / (Prime Minister)

A roommate is the renting by several roommates of the same dwelling, which all use as their main residence. It can take the form of a single lease signed by all roommates (joint lease), or as many rental contracts as there are roommates (individual lease). We explain the different rules to follow.

Please note

The rental of a dwelling to a single couple (married or entered into a civil partnership at the time of signing the lease) is not a shared flat.

Common lease

The housing must respect a minimum surface area. This is one of the criteria for decency of housing.

The dwelling must comprise at least 1 main room having:

  • Either one living space of at least 9 m² and a ceiling height of at least 2,20 m
  • Either one habitable volume at least 20 m³.

The departmental health regulations (RSD) may impose more restrictive conditions. To consult it, you can contact your town hall.

Warning  

So that roommates can have the right to personal assistance with housing, the dwelling must have living space at least 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is required, up to a maximum of 78 m² for 8 people or more.

The lease must conform to the regulatory lease template in effect on the date the lease was signed. This lease model differs, depending on whether the property is rented empty or furnished.

The lease must be signed by all roommates and the owner (or his representative).

Each roommate and the owner (or real estate agency) must keep a copy of the lease.

FYI  

If one of the occupants of the dwelling does not sign the lease, he should not be considered as one of the roommates. He has no right to housing, even if he pays part of the rent.

The owner (or real estate agency) can request the payment of a security deposit when entering the premises.

FYI  

Each roommate can request a Loca-Pass advance to pay his share of the security deposit.

To protect against the risk of default, the owner (or his representative) may require a deposit. A surety is a person (or organization) who undertakes in writing (act of surety) to pay the rent and charges to the owner in case of unpaid.

The owner (or his representative) can choose one of the following options:

  • Either each roommate has a deposit. The act of surety of each guarantor must indicate the roommate who has the guarantee of the guarantor. The scope of the surety's undertaking varies depending on whether solidarity clause is or is not included in the lease.
  • Either a deposit is required for all roommates. The act of surety must indicate the roommate whose departure from the dwelling will end the commitment of the surety.

FYI  

In case of a single lease with 2 roommates, 1 of the roommates can request the deposit of the Visale warranty for the 2 roommates.

The roommates must ensure housing, at least against rental risks (fire, explosion, water damage).

They can choose to insure collectively or individually.

The certificate of insurance must be provided to the owner (or real estate agency) every year. Otherwise, the owner (or real estate agency) can terminate the lease.

Please note

The roommates and the landlord can agree in a lease that the insurance is taken out by the landlord on behalf of the roommates. The owner (or real estate agency) gives the roommates a copy of the insurance contract. The cost of the insurance (possibly increased) is reimbursed by twelfth at each rent.

When entering the premises, a state of the premises of entry must be done in the presence of all roommates and the owner (or real estate agency).

The inventory must be dated and signed by the owner (or real estate agency) and each roommate.

FYI  

If a new roommate comes to replace a roommate who has definitively left the dwelling during the lease, he can ask the owner (or the real estate agency) to sign an amendment to the original inventory of entry.

The rules are different depending on whether or not the rent framework applies in the municipality where the dwelling is located.

To find out, you can use this simulator:

Know the municipalities where the rent control applies

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Tense area

The rent must not exceed one maximum amount, in some cases. The total amount of rent received by the owner on behalf of all the roommates can then not exceed this maximum amount.

FYI  

Every roommate under 30 years old can apply Mobili-Jeune support for the payment of his share of the rent and rental charges.

Other area

The landlord (or real estate agency) freely sets the rent of the housing.

FYI  

Every roommate under 30 years old can request a Mobili-Jeune help for the payment of his share of the rent and charges.

The rental expenses are payable to the owner (or real estate agency) in the form indicated in the lease :

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Provisions for expenses with annual accrual

The amount of rental costs recovered by the owner (or real estate agency) must be justified.

Provisions and supporting documents

The owner (or real estate agency) sets the amount of the provisions for monthly expenses, based on the projected budget and previous results agreed upon during the previous accrual of expenses.

FYI  

In a building equipped with devices for the individualization of the remotely adjustable costs of heating, cooling or domestic hot water, the owner (or the real estate agency) must transmit each month to the tenant the information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be regularized at least once a year comparing:

  • The total of provisions already requested by the owner (or real estate agency)
  • And the actual expenses incurred by the owner (or real estate agency) during the year.

FYI  

In a building, when the water supply contract is not individualized, the owner (or real estate agency) must transmit, once a year, the water bill and the information on the quality of the water communicated to him by the municipality or theEPCI: titleContent competent (the trustee, when the dwelling is in a condominium).

If the provisions are higher than actual spending, the owner (or real estate agency) must repay the overpayment.

If the provisions are less than actual spending, the owner (or real estate agency) asks for a supplement.

One month before the annual regularization, the owner (or real estate agency) must provide the following information:

  • The breakdown of rental charges by type of charges (electricity, hot water, cold water, elevator...))
  • The way loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water production loads.

On request of the tenant, the owner (or the real estate agency) must send him the summary of the charges of the housing, by email or by post.

During the 6 months following the sending of the statement, the owner (or the real estate agency) must keep at the disposal of the tenant all the supporting documents.

Late regularization

The owner (or real estate agency) can claim during 3 years any unpaid charges or rent due to him. For example, a rent or expense debt from October 2026 can be claimed until October 2029.

FYI  

This period also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late settlement of charges is possible regardless of the cause:

  • Forgotten
  • Ignoring
  • Negligence.

But the protection litigation judge may refuse a late reminder of charges if it considers that such reminder is unfair, brutal and consequential to a fault of the owner (or his representative) in the execution of the lease. For example, when the tenant has requested the regularization of charges and the landlord has not responded.

Where the charges have not been settled before the end of the calendar year depending on the year in which they become due, the tenant may payment over 12 months.

To do this, he must send a letter to the owner (or to the real estate agency) by registered mail with acknowledgement of receipt. It can use the following letter template:

Letter to request a deadline to pay a significant rental charge reminder

Package to be paid simultaneously to the rent

The amount of the lump sum must be entered in the lease. It must not be disproportionate to the amount of charges applied to the previous tenant.

The package must not be accompanied by a supplement to be paid or a subsequent regularization.

The package must be paid at the same time as the rent. The periodicity of payment is indicated in the lease.

The amount of the package can be revised each year under the same conditions as the rent.

Reminder

Every roommate under 30 years old can request a Mobili-Jeune help for the payment of his share of the rent and charges.

In case of difficulties in paying his charges, the tenant can ask the owner (or the real estate agency) for payment deadlines. If the tenant and the landlord (or real estate agency) have trouble talking to each other, either can call (free of charge) a conciliator of justice to help them find the best solution together.

Each roommate can get a personal housing assistance (APL, ALS, ALF) for the part of the rent that he pays, provided that following conditions:

  • He meets the conditions to be entitled to this housing assistance
  • He makes an individual request to the Caf: titleContent or the MSA: titleContent
  • Housing is decent housing and it has a living space at least 16 m² for 2 roommates. For each additional roommate, it takes 9 m² extra.

During the lease, roommates must pay the landlord (or real estate agency) rent and rental charges.

To protect against the risk of unpaid bills, the owner (or real estate agency) can insert a solidarity clause in the lease:

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Lease with a solidarity clause

Each roommate and his bond are liable for all amounts due (rent and rental expenses) to the owner (or real estate agency). This means that each roommate, and their respective surety, agrees to pay the other roommates' share if they do not pay it.

Namely:

The owner (or real estate agency) can claim during 3 years any unpaid charges or rent due to him. For example, a rent or expense debt from October 2026 can be claimed until October 2029.

Lease without this clause

Each roommate and his bond are liable for the rent and the charges they owe to the owner (or the real estate agency).

Namely:

The owner (or real estate agency) can claim during 3 years any unpaid charges or rent due to him. For example, a rent or expense debt from October 2026 can be claimed until October 2029.

Possibility of drafting a "colocation pact"

The roommates can decide together on a colocation pact, a written document that describes how colocation works. It's not an obligation.

This document may, in particular, indicate the following:

  • List of common expenses and how they are allocated (rent, rental expenses, rental repairs ...)
  • Conditions for the departure of one of the roommates (reimbursement of part of the security deposit by the remaining roommates ...))
  • Rules and regulations, for example with the rules of use and maintenance of common rooms or equipment (bathroom, refrigerator ...))

Possibility to open a joint bank account

Roommates can open a joint account of colocation. It's not an obligation.

This joint account facilitates the management of common expenses. It must be opened by at least 2 roommates.

The joint account holders are jointly and severally All co-holders must sign the opening and closing of the joint account.

The joint account can be transformed into undivided accounts (separate accounts) in the following cases:

  • Either at the request of a single roommate (for example, when leaving the accommodation)
  • Either at the request of all account holders (for example, at the end of the co-location)

If one of the roommates wants to leave the roommate, he must give his notice (or leave) to the owner (or real estate agency), respecting formal and time-limit conditions.

The departing roommate cannot ask the owner (or the real estate agency) to return its share of the security deposit. He can only turn to his roommates to find an amicable solution.

The flatshare continues with the flatmates remaining in the housing, but the consequences are different depending on whether the lease contains a solidarity clause or not:

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Lease with a solidarity clause

Each roommate and his bond are liable for all sums due to the owner (or real estate agency).

This means that each roommate and his/her guarantor agree to pay the rent and expenses owed by the other roommates, if they do not pay it.

For the departing roommate and his guarantor, this obligation remains:

  • Either during the 6 months after the end of the notice period.
  • Either, if a new roommate replaces the departing roommate during his notice, until the end of the notice.

Namely:

The owner (or real estate agency) can claim during 3 years any unpaid charges or rent due to him. For example, a rent or expense debt from October 2026 can be claimed until October 2029.

Lease without this clause

The departing roommate (and his bond) must pay their share of the rent and rental charges until the end of their notice period.

This period may be reduced if a new roommate signs up for the lease before the end of his notice period.

Namely:

The owner (or real estate agency) can claim during 3 years any unpaid charges or rent due to him. For example, a rent or expense debt from October 2026 can be claimed until October 2029.

Roommates must:

  • Either send notice to the owner (or his representative) (or leave) common (with all names and signatures), respecting the formal and time-limit conditions.
  • Either send each a notice (or leave of absence) individual to the owner (or real estate agency), respecting the formal and time-limit conditions. In this case, roommates must send all notices (or leave) simultaneously.

The owner (or his representative) may give notice (or leave) to roommates at the end of the lease, respecting formal and time-limit conditions.

  • If the lease contains a solidarity clause, the owner's (or real estate agency's) notice addressed to only one of the roommates applies to all roommates.
  • If the lease does not contain this solidarity clause, the owner (or real estate agency) must send his notice to each roommate.

The state of the exit must be done in one of the following situations:

  • Either when all the roommates leave the accommodation
  • Either when the last roommate leaves the apartment.

It must be done in the presence of all roommates and the owner (or real estate agency).

It must be dated and signed by the owner (or real estate agency) and by each of the roommates.

The owner (or real estate agency) returns the security deposit after all the roommates have left the apartment and gave him the keys to the apartment.

The time limit for return of the security deposit varies according to whether the state of the exit premises is or is not in conformity with the state of the entry premises.

The owner (or real estate agency) pays the security deposit to one of the roommates.

Individual lease

Each roommate must have a room with an area of at least 9 m2 and of a volume of at least 20 m3 (common rooms not included).

The decent housing is evaluated by taking into account all the elements, equipment and rooms of the dwelling (and not the only room whose tenant has private use).

Each roommate signs an independent lease with the owner.

Each lease must specify the room that each roommate has private use, and the common areas made available to all roommates (kitchen, bathroom, living room...)..

FYI  

The standard contract provided for an empty or furnished dwelling does not apply in the case of shared accommodation to several rental contracts.

The landlord can modulate the duration of the lease, depending on the status of each roommate. For example, in furnished flatshares, a 9-month lease for a student and a one-year lease for each other flatmate.

The owner may request payment of a security deposit when entering the premises.

The roommate can make the request for the Loca-Pass advance to pay the security deposit.

To protect himself from the risk of unpaid bills, the owner can ask that each roommate have a bond. A guarantor is a person or organization who undertakes in writing (act of surety) to pay rent and rental charges when the tenant does not do so.

FYI  

From 3 roommates, each roommate can individually request the deposit of the Visale warranty.

The roommates must insure the rented accommodation in colocation, at least against the rental risks (fire, explosion, water damage).

Roommates can choose to insure collectively or individually.

The certificate of insurance must be provided to the owner each year. Otherwise, the landlord can terminate the lease.

Please note

The roommates and the landlord can agree in a lease that the insurance is taken out by the landlord on behalf of the roommates. Its cost (possibly increased) is reimbursed at each rent.

The roommate must make a state of the premises of entry with the owner (or real estate agency).

The inventory must be dated and signed by this roommate and the owner (or real estate agency).

The rules are different depending on whether or not the rent control applies in the municipality where the dwelling is located.

To find out, you can use this simulator:

Know the municipalities where the rent control applies

Répondez aux questions successives et les réponses s’afficheront automatiquement

Tense area

Each roommate must pay his share of the rent and any amount due (rental expensesrental repairs) to the owner (or real estate agency), as indicated in the lease he signed.

FYI  

Every roommate under 30 years old can request a Mobili-Jeune help for the payment of his share of the rent and rental charges.

The rent of the entire dwelling must not exceed one maximum amount, in some cases. If this is the case, the total shares paid by each roommate must not exceed this maximum amount.

Other area

The landlord (or real estate agency) freely sets the rent of the housing.

Each roommate must pay his share of the rent and any amount due (rental expensesrental repairs) to the owner (or real estate agency), as indicated in the lease he signed.

FYI  

Every roommate under 30 years old can request a Mobili-Jeune help for the payment of his share of the rent and rental charges.

The roommate (or his bond) must pay its share of the rent and expenses, as indicated in the lease it signed.

The owner (or real estate agency) has 3 years to claim any unpaid rent or charges from the roommate who owes him.

For example, they can claim a rent or expense debt from the roommate from October 2026 until October 2029.

Namely:

There are 2 types of deposit: the simple deposit, and the joint and several guarantee.

The type of deposit chosen by the owner (or real estate agency) is indicated in the act of surety.

Each roommate can get a personal housing assistance (APL, ALS, ALF) for the part of the rent that he pays, provided that following conditions:

  • He meets the conditions to be entitled to this housing assistance
  • He makes an individual request to the Caf: titleContent or the MSA: titleContent
  • Housing is decent housing and it has a living space at least 16 m² for 2 roommates. For each additional roommate, it takes 9 m² extra.

Possibility of drafting a "colocation pact"

The roommates can decide together on a colocation pact, a written document that describes how colocation works. It's not an obligation.

This document may, in particular, indicate the following:

  • List of common expenses and how they are allocated (rent, rental expenses, rental repairs ...)
  • Conditions for the departure of one of the roommates (reimbursement of part of the security deposit by the remaining roommates ...))
  • Rules and regulations, for example with the rules of use and maintenance of common rooms or equipment (bathroom, refrigerator ...))

Possibility to open a joint bank account

Roommates can open a joint account of colocation. It's not an obligation.

This joint account facilitates the management of common expenses. It must be opened by at least 2 roommates.

The joint account holders are jointly and severally All co-holders must sign the opening and closing of the joint account.

The joint account can be transformed into undivided accounts (separate accounts) in the following cases:

  • Either at the request of a single roommate (for example, when leaving the accommodation)
  • Either at the request of all account holders (for example, at the end of the co-location)

Each roommate can leave the accommodation by giving notice (or leave) to the owner (or real estate agency) for its unit. To do this, it must respect formal and time-limit conditions.

The roommate continues with the other roommates. The owner (or real estate agency) can choose a new roommate, without having to obtain the agreement of the other roommates.

The departing roommate (and his surety) must pay his share of the rent and charges, as indicated in the lease, until the end of his notice.

FYI  

The owner (or his representative) has 3 years to claim from the roommate any unpaid rent or charges that he owes him. For example, they can claim a rent (or expense) debt from October 2026 to October 2029 from the roommate.

The owner (or real estate agency) can give his notice (his leave) at the end of the lease, provided that the following conditions are met:

When the roommate leaves the dwelling, he must make a state of the exit with the owner (or with the real estate agency).

The roommate can recover his security deposit after handing the keys to the owner (or the real estate agency).

The time limit for return of the security deposit varies according to whether the state of the exit premises is or is not in conformity with the state of the entry premises.

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