The solidarity clause unites the roommates of a dwelling to protect the landlord in case of non-payment of rent due or in case of early departure of one of the roommates. Back on this clause, and its effects.
What is the solidarity clause?
In a colocation, the lease agreement provides that each of the roommates is responsible for the payment of his share of rent and all other amounts due to the owner. The lease contract can also provide for the solidarity of roommates. What does that mean?
This term of solidarity expresses the fact that each of the roommates can be held responsible for paying the full rent and the full amount due to the owner in the event of non-payment by another roommate, until the lease expires.
In short, the solidarity clause is therefore a clause that binds roommates until the end of the contract.
To note: we are talking about a solidarity clause only in the context of a colocation. As part of a rental by a married couple or pacsé, solidarity plays systematically.
What about if one of the roommates decides to take leave and leave the roommate? If the contract provides for a solidarity clause, then the roommate who leaves the roommate remains bound by his commitment until the expiry of the lease. He remains in solidarity with the remaining roommates.
How to end this solidarity clause?
The only way to end this solidarity clause is to create an amendment to the lease agreement. The amendment to the lease agreement may provide that the roommate who leaves the dwelling is no longer solidary from the end of his notice period.
How to integrate the solidarity clause in the lease contract?
There is no standard "solidarity clause" to be included in the lease contract. We talk about solidarity on the part of the roommates when are integrated for example these two elements to the lease contract
- the mention "indivisible and joint tenants" in the section the undersigned of the lease, after mentioning their names
- a clause entitled "solidarity - indivisibility" in the body of the contract which explains in which situations the roommates are in solidarity