Property inspection in a shared rental: move-in, move-out and common areas

Introduction

Property inspections in a shared rental become more complex when occupants do not all move in and leave at the same time.

For more context, also read Move-in property inspection in France: complete checklist, Move-out property inspection in France: complete checklist and Move-in vs move-out inspection in France: what are the differences?.

The landlord may need to determine:

whether the property is let under a single shared lease or individual leases;
how common areas should be documented when only one tenant moves in or out;
what an inspection concerning only the departing tenant proves;
how to deal with damage in a shared area when tenants blame one another;
whether a solidarity clause automatically makes the departing tenant financially liable;
how to prevent a new tenant from being blamed for older damage.

Key point: in a shared rental, the main issue is not only the condition of the property, but which occupant knew which condition, at what date, and what evidence can establish when a change occurred.

1. Single lease or individual leases?

French law recognises shared rentals documented either by a single contract signed by several tenants or by separate contracts between the landlord and each tenant.

This distinction affects departures, deposits and the interpretation of inspections.

2. Single shared lease

With a single lease, all co-tenants are parties to the same contract.

The initial move-in inspection is normally prepared with the co-tenants concerned.

If only one co-tenant leaves while the others remain, the lease continues.

French government guidance states that the final move-out inspection is carried out when all co-tenants leave or when the last co-tenant leaves.

A distinction should therefore be made between:

the final statutory move-out inspection for the shared tenancy;
and an intermediate departure record concerning one co-tenant.

3. Homellya can create an inspection for one departing co-tenant

Homellya allows the landlord to create an inspection concerning only one departing tenant.

Under an individual lease, this naturally corresponds to that tenant's move-out inspection.

Under a continuing single lease, it can serve as an intermediate departure record covering:

the tenant's private room;
relevant common areas;
keys and access devices;
observations;
photographs;
disputed damage.

This creates a dated record at the precise time that occupant leaves.

4. Why an intermediate record matters

If one co-tenant leaves, another stays and a replacement arrives later, a future dispute may otherwise make it difficult to establish whether a common-area defect existed before or after each change of occupancy.

A departure record and a new arrival reference can substantially narrow that uncertainty.

5. Individual leases

With individual contracts, each co-tenant signs a separate lease with the landlord.

Each contract identifies the tenant's private room and the common areas available to all occupants.

Each tenant completes their own move-in inspection and their own move-out inspection when leaving.

6. Private room versus common areas

A private bedroom can be followed continuously from one tenant to the next.

Common areas are harder because several people use them at the same time.

It is therefore useful to preserve a dated reference for common areas at each arrival and departure.

7. Use the most relevant common-area reference

A kitchen may be in condition 4/5 when one tenant arrives, then suffer a new burn before another tenant leaves.

A later tenant should not be assessed only against the first inspection ever carried out.

The chronological sequence matters.

8. New tenants should not inherit undocumented old damage

When a new tenant enters an existing shared rental, common areas may already have changed.

The new tenant's reference should record the actual condition on arrival, including existing damage and photographs.

For a single shared lease, French government guidance also states that a replacement co-tenant may ask the landlord to sign an amendment to the original move-in inspection.

9. Damage in a common area: record facts first

The first step is to describe the physical condition without immediately naming a responsible person.

For example:

Kitchen door: lower panel cracked over approximately 25 cm. Damage absent from the most recent reference inspection. Photographs attached.

Responsibility is a separate question.

10. When co-tenants blame one another

If a worktop is burned, one tenant may blame another while another says the mark existed before they arrived.

The landlord should not simply choose a person to charge.

The chronology must first be reconstructed.

11. Evidence that can help

Relevant material may include:

earlier inspections;
arrival and departure records;
dated photographs;
tenant observations;
incident reports;
emails or messages;
contractor interventions;
written admission by a tenant;
evidence that equipment was previously replaced.

12. When the author is identifiable

If a tenant sends a dated message admitting that they accidentally damaged an item, this can become important evidence in the tenancy record.

13. When nobody admits responsibility

This is the difficult case.

The landlord should not automatically treat the departing tenant as responsible merely because the damage is noticed during their departure inspection.

The landlord should consider the lease structure, area concerned, likely date of damage, occupants present, available evidence and any relevant solidarity clause.

Persistent disputes may ultimately require conciliation or judicial determination.

14. Individual leases and shared areas

Article 7 of the French Law of 6 July 1989 refers in particular to damage occurring in premises over which the tenant has exclusive enjoyment, subject to the statutory exceptions.

Under individual leases, a bedroom is allocated to one tenant while common areas are made available to several occupants.

Financial attribution for disputed damage in a common area may therefore be less straightforward than damage to an exclusively occupied bedroom.

Automatic allocation to all tenants or to the departing tenant should be avoided without sufficient legal and factual basis.

15. Does a solidarity clause change the inspection?

No.

Solidarity does not change how the physical condition should be recorded.

The inspection should remain factual.

Solidarity may instead affect the financial obligations arising under the lease.

16. What solidarity changes under a single lease

The departing co-tenant's solidarity is limited in time.

Under Article 8-1, it ends when the notice takes effect and a replacement tenant is added to the lease, or at the latest six months after the notice takes effect where no replacement is added.

17. A key French Supreme Court decision

On 8 April 2021, the Cour de cassation held that a reinstatement debt arising after the outgoing co-tenant's solidarity had expired could not be charged to that former co-tenant on the basis of solidarity.

The case illustrates why the date of departure, the end of solidarity, the timing of the damage and the date on which the reinstatement debt arises can all matter.

18. A targeted departure record protects everyone

It can help the departing tenant, remaining co-tenants, replacement tenant and landlord by fixing the condition of the relevant areas at a specific date.

19. How to analyse the financial impact

Before requesting payment, separate the following questions:

Does the damage exist?
Was it already present in the reference record?
Is it normal wear and tear?
Is it a tenant repair?
When did it appear?
Can its author be identified?
Which lease structure applies?
Is solidarity still relevant?
Is the claimed amount properly supported?

20. Landlord claim versus dispute between co-tenants

There may be two separate disputes:

whether the landlord has a valid claim and against whom;
how the co-tenants should ultimately divide the cost between themselves.

A solidarity clause may affect the first question without automatically resolving the second.

21. Example: another co-tenant broke the door

Paul and Marc share a property.

Marc breaks a common kitchen door.

Paul gives notice two weeks later.

If Marc has admitted the damage in writing, the record is clearer.

If nobody admits it, Paul's departure alone does not prove he caused it.

If Paul's departure record shows the door intact and it is broken two months later, that intermediate record is strong evidence that the damage occurred after Paul left.

22. Existing damage before a replacement tenant arrives

If a burn on a kitchen worktop already exists when Julie arrives, her move-in reference should record it.

It should not later be treated as new damage caused by Julie simply because it remains visible at move-out.

23. Incidents during the tenancy

If a leak is reported six months after move-in, the incident ticket, photos and contractor history may become essential when later damage is assessed.

The tenancy history can be more informative than the original inspection alone.

24. What if co-tenants refuse to sign the same version?

Do not delete conflicting observations.

Retain the landlord's record, each tenant's comments, photographs, agreed points and disputed points.

If an inspection cannot be established jointly and amicably under the statutory process, involvement of a commissaire de justice may be considered.

25. Security deposit

Single lease

French government guidance states that the deposit is returned after all co-tenants have left and returned the keys.

A single co-tenant's departure therefore does not normally trigger repayment by the landlord of an individual share of the common deposit.

Individual lease

The departing tenant can recover the deposit linked to their own lease after returning the keys, subject to the applicable rules and any justified amounts due.

26. Other common shared-rental situations

Useful cases to document include:

a co-tenant leaves without immediate replacement;
departure and replacement happen at the same time;
shared equipment is replaced;
a bedroom changes occupant;
all co-tenants leave together;
one co-tenant does not participate in the inspection.

27. Recommended landlord method for disputed damage

Step 1 — Describe

Record the damage neutrally.

Step 2 — Compare

Use the most relevant previous reference.

Step 3 — Date

Find the earliest evidence of the damage.

Step 4 — Identify occupants

Determine who was present during the possible period of occurrence.

Step 5 — Review evidence

Photos, messages, incidents, repairs and admissions.

Step 6 — Apply the legal framework

Single or individual lease, private or common area, wear and tear, tenant repair and solidarity where relevant.

Step 7 — Quantify last

Only then determine and support the financial amount.

28. How Homellya helps

Homellya can create an inspection for only one departing tenant.

The landlord can start from the property inventory, a previous inspection or the most relevant common-area record.

Earlier condition scores, comments and photographs can be reused and updated.

The tenant can review the inspection and add their own observations, photos and assessments.

29. Build an item-level timeline

For a shared kitchen worktop, the record might show:

10 January — Paul enters: 5/5;
3 March — Léa enters: 5/5;
18 June — burn reported;
21 June — photograph added;
1 September — Marc leaves: 4/5;
10 September — Julie enters: 4/5, burn already present;
12 December — Paul leaves: 4/5.

This makes incorrect attribution much less likely.

30. Signature and verification

Once finalized, the inspection or departure record can be electronically signed in Homellya when that feature is used.

Documents generated by Homellya can also include a QR code linking to a public verification page showing that the document corresponds to a record produced by the platform and displaying its status.

Frequently asked questions

Should an inspection be done when only one co-tenant leaves?

Under individual leases, yes: that tenant has their own move-out inspection. Under a continuing single lease, the final move-out inspection normally occurs when all or the last co-tenant leaves, but an intermediate departure record is highly useful.

Can Homellya create an inspection for only the departing tenant?

Yes. Homellya can create a targeted inspection for one departing tenant and document their private area and the relevant common areas.

How should common areas be handled under individual leases?

Their condition should ideally be documented at each arrival and departure so that each tenant has a reference matching their actual period of occupation.

Can damage in the kitchen automatically be charged to the departing tenant?

No. Discovering damage during a departure inspection does not by itself prove that the departing tenant caused it.

What if all co-tenants deny responsibility?

The landlord should record the damage, reconstruct the chronology and review the evidence. If no agreement is possible, financial responsibility may ultimately require conciliation or judicial determination.

Does solidarity change what is written in the inspection?

No. The inspection remains a factual record. Solidarity may instead affect financial obligations under the lease.

How long can an outgoing co-tenant remain jointly liable?

Under Article 8-1, solidarity ends when the notice takes effect and a replacement tenant is added to the lease, or at the latest six months after the notice takes effect if no replacement is added.

Can reinstatement costs discovered long after departure be charged to the former co-tenant?

It depends on the circumstances, including the end of solidarity and when the debt arose. The Cour de cassation held in 2021 that a reinstatement debt arising after solidarity had expired could not be charged to the former co-tenant on that basis.

Does the landlord return part of a common deposit whenever one co-tenant leaves?

Normally not under a single lease. The common deposit is returned after all co-tenants leave and the keys are returned.

What about an individual lease?

The departing tenant can recover the deposit associated with their own lease, subject to the applicable rules.

Key takeaways

Shared rentals may use one lease or separate individual leases.
Under a single lease, the final move-out inspection normally occurs when all or the last co-tenant leaves.
A targeted departure record for one co-tenant can still be extremely valuable evidence.
Under individual leases, each tenant has their own move-in and move-out inspection.
Common areas should be documented over time as tenants arrive and leave.
Damage identified at one tenant's departure does not automatically prove that tenant caused it.
The landlord should describe, date and investigate before deciding the financial impact.
Solidarity does not change the physical inspection, but it can affect financial liability.
Outgoing co-tenant solidarity is time-limited.
The 8 April 2021 Cour de cassation decision shows why the timing of a reinstatement debt matters.
Under a single lease, the common deposit is normally returned only at the end of the shared tenancy.
Homellya can create an inspection for one departing tenant and maintain continuity between successive records.

Conclusion

The hardest part of a shared-rental inspection is rarely noticing a scratch or broken item.

It is determining when the change appeared, who was occupying the property at the time and what evidence can establish its origin.

This is particularly important in common areas, where several people use the same equipment and tenants may arrive and leave over several years.

For landlords, the safest approach is to preserve a chronology of inspections, intermediate departure records, photographs, tenant comments, incidents and repairs.

Homellya can create an inspection concerning only one departing tenant, making it possible to fix the condition of their private area and relevant common areas on the exact date they leave and then use that record for the tenants who remain or arrive later.

Discover Homellya's property-inspection tools

Move-in inspection checklist

Move-out inspection checklist

Move-in vs move-out: key differences

Legal sources

French Law no. 89-462 of 6 July 1989, in particular Articles 3-2, 7, 8-1 and 22.
Decree no. 2016-382 of 30 March 2016 on property inspections and wear and tear.
Cour de cassation, Third Civil Chamber, 8 April 2021, no. 19-23.343.
Service-Public.fr, guidance on shared rentals.
ANIL, guidance on shared rentals with individual contracts.

This article provides general information and does not constitute personalized legal advice.

Introduction

Property inspections in a shared rental become more complex when occupants do not all move in and leave at the same time.

The landlord may need to determine:

whether the property is let under a single shared lease or individual leases;
how common areas should be documented when only one tenant moves in or out;
what an inspection concerning only the departing tenant proves;
how to deal with damage in a shared area when tenants blame one another;
whether a solidarity clause automatically makes the departing tenant financially liable;
how to prevent a new tenant from being blamed for older damage.

Key point: in a shared rental, the main issue is not only the condition of the property, but which occupant knew which condition, at what date, and what evidence can establish when a change occurred.

1. Single lease or individual leases?

French law recognises shared rentals documented either by a single contract signed by several tenants or by separate contracts between the landlord and each tenant.

This distinction affects departures, deposits and the interpretation of inspections.

2. Single shared lease

With a single lease, all co-tenants are parties to the same contract.

The initial move-in inspection is normally prepared with the co-tenants concerned.

If only one co-tenant leaves while the others remain, the lease continues.

French government guidance states that the final move-out inspection is carried out when all co-tenants leave or when the last co-tenant leaves.

A distinction should therefore be made between:

the final statutory move-out inspection for the shared tenancy;
and an intermediate departure record concerning one co-tenant.

3. Homellya can create an inspection for one departing co-tenant

Homellya allows the landlord to create an inspection concerning only one departing tenant.

Under an individual lease, this naturally corresponds to that tenant's move-out inspection.

Under a continuing single lease, it can serve as an intermediate departure record covering:

the tenant's private room;
relevant common areas;
keys and access devices;
observations;
photographs;
disputed damage.

This creates a dated record at the precise time that occupant leaves.

4. Why an intermediate record matters

A departure record and a new arrival reference can substantially narrow that uncertainty.

5. Individual leases

With individual contracts, each co-tenant signs a separate lease with the landlord.

Each contract identifies the tenant's private room and the common areas available to all occupants.

Each tenant completes their own move-in inspection and their own move-out inspection when leaving.

6. Private room versus common areas

A private bedroom can be followed continuously from one tenant to the next.

Common areas are harder because several people use them at the same time.

It is therefore useful to preserve a dated reference for common areas at each arrival and departure.

7. Use the most relevant common-area reference

A kitchen may be in condition 4/5 when one tenant arrives, then suffer a new burn before another tenant leaves.

A later tenant should not be assessed only against the first inspection ever carried out.

The chronological sequence matters.

8. New tenants should not inherit undocumented old damage

When a new tenant enters an existing shared rental, common areas may already have changed.

The new tenant's reference should record the actual condition on arrival, including existing damage and photographs.

For a single shared lease, French government guidance also states that a replacement co-tenant may ask the landlord to sign an amendment to the original move-in inspection.

9. Damage in a common area: record facts first

The first step is to describe the physical condition without immediately naming a responsible person.

For example:

Kitchen door: lower panel cracked over approximately 25 cm. Damage absent from the most recent reference inspection. Photographs attached.

Responsibility is a separate question.

10. When co-tenants blame one another

If a worktop is burned, one tenant may blame another while another says the mark existed before they arrived.

The landlord should not simply choose a person to charge.

The chronology must first be reconstructed.

11. Evidence that can help

Relevant material may include:

earlier inspections;
arrival and departure records;
dated photographs;
tenant observations;
incident reports;
emails or messages;
contractor interventions;
written admission by a tenant;
evidence that equipment was previously replaced.

12. When the author is identifiable

If a tenant sends a dated message admitting that they accidentally damaged an item, this can become important evidence in the tenancy record.

13. When nobody admits responsibility

This is the difficult case.

The landlord should not automatically treat the departing tenant as responsible merely because the damage is noticed during their departure inspection.

The landlord should consider the lease structure, area concerned, likely date of damage, occupants present, available evidence and any relevant solidarity clause.

Persistent disputes may ultimately require conciliation or judicial determination.

14. Individual leases and shared areas

Article 7 of the French Law of 6 July 1989 refers in particular to damage occurring in premises over which the tenant has exclusive enjoyment, subject to the statutory exceptions.

Under individual leases, a bedroom is allocated to one tenant while common areas are made available to several occupants.

Financial attribution for disputed damage in a common area may therefore be less straightforward than damage to an exclusively occupied bedroom.

Automatic allocation to all tenants or to the departing tenant should be avoided without sufficient legal and factual basis.

15. Does a solidarity clause change the inspection?

No.

Solidarity does not change how the physical condition should be recorded.

The inspection should remain factual.

Solidarity may instead affect the financial obligations arising under the lease.

16. What solidarity changes under a single lease

The departing co-tenant's solidarity is limited in time.

Under Article 8-1, it ends when the notice takes effect and a replacement tenant is added to the lease, or at the latest six months after the notice takes effect where no replacement is added.

17. A key French Supreme Court decision

The case illustrates why the date of departure, the end of solidarity, the timing of the damage and the date on which the reinstatement debt arises can all matter.

18. A targeted departure record protects everyone

It can help the departing tenant, remaining co-tenants, replacement tenant and landlord by fixing the condition of the relevant areas at a specific date.

19. How to analyse the financial impact

Before requesting payment, separate the following questions:

Does the damage exist?
Was it already present in the reference record?
Is it normal wear and tear?
Is it a tenant repair?
When did it appear?
Can its author be identified?
Which lease structure applies?
Is solidarity still relevant?
Is the claimed amount properly supported?

20. Landlord claim versus dispute between co-tenants

There may be two separate disputes:

whether the landlord has a valid claim and against whom;
how the co-tenants should ultimately divide the cost between themselves.

A solidarity clause may affect the first question without automatically resolving the second.

21. Example: another co-tenant broke the door

Paul and Marc share a property.

Marc breaks a common kitchen door.

Paul gives notice two weeks later.

If Marc has admitted the damage in writing, the record is clearer.

If nobody admits it, Paul's departure alone does not prove he caused it.

If Paul's departure record shows the door intact and it is broken two months later, that intermediate record is strong evidence that the damage occurred after Paul left.

22. Existing damage before a replacement tenant arrives

If a burn on a kitchen worktop already exists when Julie arrives, her move-in reference should record it.

It should not later be treated as new damage caused by Julie simply because it remains visible at move-out.

23. Incidents during the tenancy

If a leak is reported six months after move-in, the incident ticket, photos and contractor history may become essential when later damage is assessed.

The tenancy history can be more informative than the original inspection alone.

24. What if co-tenants refuse to sign the same version?

Do not delete conflicting observations.

Retain the landlord's record, each tenant's comments, photographs, agreed points and disputed points.

If an inspection cannot be established jointly and amicably under the statutory process, involvement of a commissaire de justice may be considered.

25. Security deposit

Single lease

French government guidance states that the deposit is returned after all co-tenants have left and returned the keys.

A single co-tenant's departure therefore does not normally trigger repayment by the landlord of an individual share of the common deposit.

Individual lease

The departing tenant can recover the deposit linked to their own lease after returning the keys, subject to the applicable rules and any justified amounts due.

26. Other common shared-rental situations

Useful cases to document include:

a co-tenant leaves without immediate replacement;
departure and replacement happen at the same time;
shared equipment is replaced;
a bedroom changes occupant;
all co-tenants leave together;
one co-tenant does not participate in the inspection.

27. Recommended landlord method for disputed damage

Step 1 — Describe

Record the damage neutrally.

Step 2 — Compare

Use the most relevant previous reference.

Step 3 — Date

Find the earliest evidence of the damage.

Step 4 — Identify occupants

Determine who was present during the possible period of occurrence.

Step 5 — Review evidence

Photos, messages, incidents, repairs and admissions.

Step 6 — Apply the legal framework

Single or individual lease, private or common area, wear and tear, tenant repair and solidarity where relevant.

Step 7 — Quantify last

Only then determine and support the financial amount.

28. How Homellya helps

Homellya can create an inspection for only one departing tenant.

The landlord can start from the property inventory, a previous inspection or the most relevant common-area record.

Earlier condition scores, comments and photographs can be reused and updated.

The tenant can review the inspection and add their own observations, photos and assessments.

29. Build an item-level timeline

For a shared kitchen worktop, the record might show:

10 January — Paul enters: 5/5;
3 March — Léa enters: 5/5;
18 June — burn reported;
21 June — photograph added;
1 September — Marc leaves: 4/5;
10 September — Julie enters: 4/5, burn already present;
12 December — Paul leaves: 4/5.

This makes incorrect attribution much less likely.

30. Signature and verification

Once finalized, the inspection or departure record can be electronically signed in Homellya when that feature is used.

Documents generated by Homellya can also include a QR code linking to a public verification page showing that the document corresponds to a record produced by the platform and displaying its status.

Frequently asked questions

Should an inspection be done when only one co-tenant leaves?

Can Homellya create an inspection for only the departing tenant?

Yes. Homellya can create a targeted inspection for one departing tenant and document their private area and the relevant common areas.

How should common areas be handled under individual leases?

Their condition should ideally be documented at each arrival and departure so that each tenant has a reference matching their actual period of occupation.

Can damage in the kitchen automatically be charged to the departing tenant?

No. Discovering damage during a departure inspection does not by itself prove that the departing tenant caused it.

What if all co-tenants deny responsibility?

Does solidarity change what is written in the inspection?

No. The inspection remains a factual record. Solidarity may instead affect financial obligations under the lease.

How long can an outgoing co-tenant remain jointly liable?

Under Article 8-1, solidarity ends when the notice takes effect and a replacement tenant is added to the lease, or at the latest six months after the notice takes effect if no replacement is added.

Can reinstatement costs discovered long after departure be charged to the former co-tenant?

Does the landlord return part of a common deposit whenever one co-tenant leaves?

Normally not under a single lease. The common deposit is returned after all co-tenants leave and the keys are returned.

What about an individual lease?

The departing tenant can recover the deposit associated with their own lease, subject to the applicable rules.

Key takeaways

Shared rentals may use one lease or separate individual leases.
Under a single lease, the final move-out inspection normally occurs when all or the last co-tenant leaves.
A targeted departure record for one co-tenant can still be extremely valuable evidence.
Under individual leases, each tenant has their own move-in and move-out inspection.
Common areas should be documented over time as tenants arrive and leave.
Damage identified at one tenant's departure does not automatically prove that tenant caused it.
The landlord should describe, date and investigate before deciding the financial impact.
Solidarity does not change the physical inspection, but it can affect financial liability.
Outgoing co-tenant solidarity is time-limited.
The 8 April 2021 Cour de cassation decision shows why the timing of a reinstatement debt matters.
Under a single lease, the common deposit is normally returned only at the end of the shared tenancy.
Homellya can create an inspection for one departing tenant and maintain continuity between successive records.

Conclusion

The hardest part of a shared-rental inspection is rarely noticing a scratch or broken item.

It is determining when the change appeared, who was occupying the property at the time and what evidence can establish its origin.

This is particularly important in common areas, where several people use the same equipment and tenants may arrive and leave over several years.

For landlords, the safest approach is to preserve a chronology of inspections, intermediate departure records, photographs, tenant comments, incidents and repairs.

Discover Homellya's property-inspection tools

Move-in inspection checklist

Move-out inspection checklist

Move-in vs move-out: key differences

Legal sources

French Law no. 89-462 of 6 July 1989, in particular Articles 3-2, 7, 8-1 and 22.
Decree no. 2016-382 of 30 March 2016 on property inspections and wear and tear.
Cour de cassation, Third Civil Chamber, 8 April 2021, no. 19-23.343.
Service-Public.fr, guidance on shared rentals.
ANIL, guidance on shared rentals with individual contracts.

This article provides general information and does not constitute personalized legal advice.