Flatshare Security Deposit: Rules, Amounts, and Return in Furnished Rentals

It is customary for flatmates to pay a flatshare deposit (or security deposit) upon moving in. Since this housing is their residence, the question of its return at the end of the lease is central. Here is an update on the current rules for how a flatshare works in practice.

Security Deposit and Guarantee: What Are the Differences?

In a rental contract, one must not confuse the sum of money paid with the act of guaranteeing (cautionnement).

• The security deposit is the amount paid to the owner.

• The act of guarantee is a legal act by which a person (the guarantor) commits to paying the tenant's debts in case of default.

The guarantor's commitment can be carried by a natural person or a legal entity. Upon signing, the landlord can verify the guarantor's solvency through documents such as property tax records or a professional card. A distinction is then made between a simple guarantee and a joint and several guarantee (caution solidaire).

The Amount of the Deposit in a Furnished Flatshare (Alur Law)

According to the Alur law, the amount of the deposit for a furnished flatshare is capped at two months' rent excluding charges. This payment guarantees all obligations under the lease agreement. Unlike an unfurnished rental, choosing a furnished one imposes this specific cap to cover potential damage to equipment. Payment is generally made upon signing the lease.

The Solidarity Clause: The Commitment of the Joint and Several Guarantee

Most contracts include a solidarity clause. But then, what is the risk of a joint and several guarantee? Under this regime, each flatmate is responsible for the entirety of the rent and charges. If one member defaults, the owner has the right to claim the full amount due from any flatmate or their guarantor. This commitment strengthens collective responsibility within the flatshare.

Return of the Deposit: Rules According to Lease Type

The return period depends on the move-out inventory (état des lieux) and the type of lease:

• Individual Lease: The tenant recovers their share one month after their notice period if the inventory is compliant.

• Collective (Single) Lease: Solidarity often applies until the departure of the last occupant. The name of the outgoing tenant sometimes remains linked to unpaid debts if no solution is found via an addendum.

At the end of the contract, if the landlord is late in returning the sum, it is advisable to send a formal notice by registered letter with acknowledgment of receipt.

Succeeding in Your Flatshare with Colonies

Whether you are students or young professionals, information is the key to a serene rental. Thanks to Colonies, you access residence offers where everything is simplified: from the act of guarantee to the management of charges. We support you so that ensuring quality housing is your only priority.