Good agreements make good friends. In the case of rental, these agreements are largely institutionalized. The lease and the property description are the most important documents that protect both tenants and lessors.
The lease regarding cohousing
First of all, the rental contract states who is renting the property. When there are several tenants, it is sometimes decided not to include them all in the lease. The main tenant then ensures that his housemates contribute to the obligations of the lease. However, it is wise to include all residents in the contract. Otherwise, only the main tenant is jointly and severally liable for paying the rent even if subletting was allowed by the lessor. If something goes wrong or the other cohousers do not pay (on time), the lessor is allowed to only address you. That is disadvantageous for both parties.A clause can indicate that all tenants are jointly and severally liable for paying the rent. When one of the tenants leaves the cohousing group and another tenant takes his of her place, it is best to adjust this in the lease.
The importance of a property description
In addition to the rental contract, the property description is crucial. It protects both the tenant and the lessor of the property and makes it clear who is responsible for which wear and tear and/ or damage. This (mandatory) document is absolutely indispensable for the lessor when several people live together in his property. After all, intensive habitation by several people can lead to wear and tear more quickly.Movable property belonging to the apartment or house is also mentioned in the inventory, eg. a refrigerator, dishwasher or furniture.In addition to the property description, an inventory can be a good idea to clearly delineate which of the housemates owns which items. In the extreme case that one of the tenants has debts, you as a housemate possess a legally valid document proving that certain items are yours.Do you have questions about renting, renting out or cohabiting or do you want to be assisted in a conflict situation? Our experienced experts in real estate and contract law will advise and assist you.