Does a roommate have to pay the debts after giving notice? - Common lease
Verified 07 avril 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The situation is different depending on whether or not the lease contains a solidarity clause.
Each roommate and his surety shall be liable for all sums due to the owner (or his representative).
This means that each roommate and his or her guarantor agree to pay the share of the rent and the charges owed by the other roommates, if the latter do not pay it.
For the departing roommate and his guarantor, this obligation remains:
- Either during the 6 months that follow the end of the notice period.
- Or, 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 outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.
Please note
Where the colocation consists solely of a couple of cohabiting partners, specific rules apply in the event of violence.
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