Key takeaways: since 1 August 2024, flat-sharing has a real legal framework in Luxembourg: a single lease signed by all flatmates with the landlord's express agreement, a mandatory written flat-share pact between flatmates, joint and several liability of all for the rent, and a precise exit procedure (3 months' notice and the search for a replacement). These rules are a matter of public policy: no contract can derogate from them. Here is what the law provides, and what still causes friction in practice.
Flat-sharing finally has a legal framework
Before the reform of 23 July 2024, flat-sharing lived in a legal vacuum: improvised individual leases, grey sublets, unclear responsibilities. The law created a dedicated chapter in the lease law (Articles 2bis to 2sexies), applicable to flat-share leases concluded since 1 August 2024.
The legal definition: the rental of a single home by several tenants, with at least one shared living room or sanitary facility, formalised by a single lease. Two exclusions worth knowing: spouses and registered partners do not form a flat-share within the meaning of the law, and the regime requires the landlord's express agreement.
The single lease: one contract, all the names
Legal flat-sharing rests on one written lease, signed by all flatmates and the landlord. All the ordinary lease rules apply (deposit capped at 2 months, inventory, justified charges), with one specific limit: the sum of the rents paid by the flatmates cannot exceed the home's legal maximum rent. Flat-sharing is therefore not a way around the rent cap: splitting an apartment into three "rooms at €900" does not allow the landlord to collect more than the whole home can legally yield.
The flat-share pact: the 7 mandatory points
The regime's great originality: the law requires a second document, the flat-share pact, signed between flatmates at the latest when the lease is signed. It must settle at least:
- the split of the rent between flatmates;
- the split of shared charges;
- the inventory of furniture and its origin;
- supply and insurance contracts;
- the arrangements for a flatmate's arrival, departure and replacement;
- the split of the rental deposit;
- the method for resolving internal conflicts.
It is the flat-share's internal rulebook: the landlord is not a party to it, but a well-drafted pact prevents almost all conflicts between flatmates.
Joint liability: the clause that changes everything
Article 2quater, one sentence with heavy consequences: flatmates are jointly and severally liable towards the landlord. In practice, if one flatmate does not pay their share, the landlord can claim the entire rent from any of the others. It is the landlord's great security, and the point every flat-share candidate must understand before signing: you do not commit to your room, you commit to the home.
Leaving a flat-share: the legal procedure
- 3 months' notice, notified by registered letter with acknowledgment of receipt to the landlord and the other flatmates;
- Search for a replacement: the departing flatmate must search actively; the law states that an advert published in two media within a fortnight counts as sufficient search;
- Mandatory intermediate inventory on departure, to fix responsibilities;
- Release: the departing flatmate is released from their obligations at the latest 3 months after the notice period expires, even without a replacement;
- The landlord's safeguard: if half or more of the flatmates give notice within 3 months, the landlord can terminate the whole lease with 3 months' notice.
The law on paper, and in practice
On the ground, two years on, not everything is settled. The legal regime only applies to genuine single-lease flat-shares: "coliving" formulas marketed room by room with individual contracts, and cascading sublets, continue to exist at the margins of the framework, with uncertain protections for occupants. For the tenant, the consequence is simple: check what you sign. A single lease with a pact places you under the law's full protection; an individual contract for a room leaves you partly outside it. For the landlord, structuring a genuine flat-share is also the only way to benefit fully from joint liability.
If you are a landlord, if you are a flatmate
If you are a landlord
A well-structured flat-share is a solid answer to rental demand in the southern region, especially for large houses that are hard to rent to a single family: joint liability secures the rent, and turnover is framed by law. Require the single lease, ask for a copy of the pact, and calibrate the overall rent within the rules (see also this CARMO blog article: how much can you raise the rent).
If you are a flatmate
Three reflexes: read the joint liability clause knowing what it implies, sign a precise pact even between friends (especially between friends), and document your departure in the legal forms to be cleanly released. The deposit is recovered under the ordinary rules: inventory and deadlines apply.
Frequently asked questions
What is a flat-share under Luxembourg law?
The rental of a single home by several tenants, with at least one shared room or sanitary facility, formalised by a single lease signed with the landlord's express agreement. Spouses and registered partners are not covered.
Is the flat-share pact really mandatory?
Yes, for flat-share leases concluded since 1 August 2024: it must be signed at the latest at the same time as the lease and settle at least the 7 points listed by the law.
What does joint liability between flatmates mean?
Each flatmate answers for all the lease's obligations towards the landlord: if one does not pay, the landlord can claim the full rent from the others.
How do you leave a flat-share without paying until the end of the lease?
3 months' notice by registered letter to the landlord and flatmates, an active search for a replacement (an advert in two media within 15 days suffices), an intermediate inventory: you are then released at the latest 3 months after the notice period expires.
Can the landlord rent each room for more separately?
No: the sum of the flatmates' rents cannot exceed the whole home's legal maximum rent. Flat-sharing does not allow the rent cap to be circumvented.
What to remember: Luxembourg flat-sharing has gone from improvisation to law: single lease, written pact, joint liability, framed exit. Used well, it is a win on both sides: secured rent for the landlord, full protection for the flatmates. Badly structured (individual contracts, out-of-framework coliving), it leaves everyone exposed. The difference is made at signature.
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Sources and legal basis
- Law of 23 July 2024 (Mémorial A No 311, Legilux), Articles 2bis to 2sexies introduced into the lease law
- Amended law of 21 September 2006 on residential leases, consolidated version of 1 August 2024 (Legilux)
- Ministry of Housing: official lease FAQ (flat-sharing, coliving, subletting)
- Guichet.lu: concluding a lease
By David Carmo, founder of CARMO Immobilier, has been a real estate professional since 2008. A former member of the board of directors and disciplinary council of the Chambre Immobilière du Grand-Duché de Luxembourg, he is today a founding member and board member of the Fédération des Agents Immobiliers (FAI) and a trainer at the Académie de l'Immobilier.
This article is for information purposes and does not constitute legal advice. Check the legislation in force before any decision.