A co-tenant leaves: what happens to joint liability?
A French co-tenant gives notice: under a joint liability clause, they and their guarantor stay bound up to six months after the notice, less if a replacement joins the lease.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read
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Under a joint liability clause (clause de solidarité), the departing co-tenant and their guarantor remain liable for all the rent and charges up to six months after their notice takes effect. If a new co-tenant is named on the lease sooner, liability ends earlier, at the earliest when the notice ends. Without the clause, they owe only their share, until the end of their notice. The rule is article 8-1 of the law of 6 July 1989.
Three situations
According to Service-Public:
| Lease | What the leaver (and guarantor) owes | Until |
|---|---|---|
| Joint lease with a solidarity clause | All the rent and charges, for everyone | 6 months after the notice ends, sooner if a replacement joins |
| Joint lease without the clause | Their share | End of notice, sooner if a new co-tenant joins |
| Individual leases | Their share under their lease | End of their notice |
In every case the landlord can claim arrears for three years.
The co-tenant's guarantor
Article 8-1 ends the guarantor's liability on the same terms as the co-tenant's. It also requires the guarantee deed to name the co-tenant whose departure ends the guarantee, or the guarantee is void.
Example
Three co-tenants share a four-room flat in a zone tendue under a joint lease with a solidarity clause, €1,500 a month all in. One gives notice, received on 10 January 2027: one month, ending 10 February 2027. If nobody replaces them, their liability and their guarantor's end on 10 August 2027; if the others stop paying in June 2027, the landlord can claim the whole June rent from the leaver or their guarantor. If a replacement joins the lease by addendum on 1 February 2027, the leaver is freed on 10 February 2027.
What the landlord does
- Acknowledge the notice and work out its end (the free notice period calculator does it).
- Decide on the replacement: as we read it you need not accept the one proposed, but a new co-tenant on the lease frees the leaver sooner.
- Sign an addendum for the newcomer, and a new guarantee deed for their guarantor.
- Note the date the leaver's and guarantor's liability ends.
The deposit
The law provides no partial refund of the deposit to a departing co-tenant. As we read it, the deposit is returned at the end of the lease, and the co-tenants settle each one's share among themselves, often with the newcomer buying out the leaver's share.
Common mistakes
- A guarantee deed that does not name the co-tenant covered: it is void.
- Assuming liability lasts until the lease ends: it stops six months after the notice at the latest.
- Forgetting the addendum for the replacement.
- Asking a co-tenant without a solidarity clause for the others' share.
See also the notice period guide and the rental application documents guide.
Have your own case checked
The end date of joint liability depends on each lease and each guarantee deed. The local ADIL gives free housing advice.
Sources
- Article 8-1 of law no. 89-462 of 6 July 1989, flatsharing (Légifrance, in French)
- Article 7-1 of the 1989 law, time limit (Légifrance, in French)
- Must a co-tenant pay debts after giving notice?, Service-Public (in French)
Last checked on 9 November 2026
Co-tenants and guarantors in one place
Kivlo records each lease's co-tenants and guarantors, with the guarantee deed PDF, and reminds you of the notice deadline before each lease term.
Frequently asked questions
How long does a departing co-tenant stay jointly liable?
Under a joint liability clause, at most six months after their notice takes effect. It ends earlier if a new co-tenant is named on the lease, at the earliest at the end of the notice.
And their guarantor?
The same. The guarantor's liability ends with that of the co-tenant they cover, provided the guarantee deed names that co-tenant.
Without a joint liability clause, does a co-tenant pay for the others?
No. Under a joint lease with no such clause, or individual leases, they owe only their share until their notice ends.
Must the landlord accept the proposed replacement?
As we read it, the law does not require it. It only makes a new co-tenant's entry on the lease the condition that frees the leaver and their guarantor sooner.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read