Rental guarantors in France: deed, types and ending

The guarantee deed: form and required wording

The undertaking takes the form of a written document, either privately signed or as an acte authentique (notarised deed); it can be incorporated into the lease. The landlord gives the guarantor a copy of the deed, unless it is part of the lease (service-public.gouv.fr), as well as a copy of the tenancy agreement (art. 22-1).

For an individual guarantor, article 22-1 requires, on pain of nullity of the guarantee:

• the guarantor’s signature on the deed;
• the amount of the rent and the terms of its review, as set out in the lease;
• the reproduction of the penultimate paragraph of article 22-1, which concerns termination (see below);
• the statement provided for by article 2297 of the code civil, which the guarantor writes in themselves: they undertake to pay up to an amount written in words and in figures (Légifrance).

Flatsharing. The deed must identify the co-tenant guaranteed; if a single guarantor stands for several co-tenants, it names the one whose departure ends the undertaking. Otherwise, the guarantee is void (anil.org). See the guide colocation (flatsharing).

The landlord cannot refuse a guarantor on the grounds that they do not hold French nationality or do not live in metropolitan France (art. 22-1).

Joint and several guarantor or simple guarantor

The guarantee is either simple or joint and several (code civil, art. 2290). The type chosen is stated in the deed (service-public.gouv.fr).

Sources: service-public.gouv.fr; anil.org; code civil.

In both cases, the commandement de payer (formal demand for payment) served on the tenant is served on the guarantor within 15 days (anil.org); if they are not informed, the guarantor does not have to pay the late-payment interest or penalties (service-public.gouv.fr; anil.org). A professional landlord informs an individual guarantor of the first unpaid instalment not made good within the month (code civil, art. 2303). A guarantor in difficulty can ask the juge des contentieux de la protection (judge for consumer and tenancy disputes) for time to pay, then apply to the commission de surendettement (over-indebtedness committee); the tenant’s over-indebtedness does not release the guarantor from arrears that have already arisen (service-public.gouv.fr). Where it was given by an individual to a professional creditor, a guarantee that was manifestly disproportionate, when it was entered into, to the guarantor’s income and assets is reduced to the amount the guarantor could commit to (code civil, art. 2300).

Guarantor and insurance: no stacking

A family SCI is a société civile (non-trading company) formed exclusively between relatives by blood or marriage up to the 4th degree inclusive (art. 22-1). The ban does not cover the dépôt de garantie (security deposit), which can still be required (art. 22-1). The garantie Visale (Visale guarantee) is itself a guarantee that excludes any other guarantee (anil.org). See also l’assurance loyers impayés (rent default insurance).

Duration and termination of the undertaking

Fixed term. If the deed sets a term, the guarantor cannot terminate: they remain bound until the agreed end (service-public.gouv.fr). A guarantor committed, for example, for the initial 3-year lease and one renewal is bound for 6 years, then released from later debts (anil.org). The deed can provide for events that end it, such as a divorce or the tenant’s death.

Open-ended or unspecified term. The penultimate paragraph of article 22-1, reproduced in the deed, provides: “Termination takes effect at the end of the tenancy agreement, whether the initial agreement or an agreement that has been tacitly extended or renewed, during which the landlord receives notice of the termination.” (our translation) The guarantor terminates by recorded-delivery letter with acknowledgement of receipt, at any time, but remains bound until the end of the current lease (anil.org).

Other endings. The undertaking follows the tenant’s: it ends at the end of the notice period if the tenant leaves, or when the lease expires if the landlord ends it. On the guarantor’s death, unless otherwise agreed, their heirs are liable for debts arising before the death, not for later ones (service-public.gouv.fr). In a flatshare with a joint liability clause, the guarantor of the departing co-tenant remains bound for up to 6 months after the end of their notice period, unless a replacement is named on the lease (anil.org).

The landlord has 3 years to claim unpaid rent or service charges (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages lettings drafts the guarantee deed with the required wording and checks, before asking for a guarantor, that the landlord has not already taken out rent default insurance. The deed can also be drawn up as an acte authentique by a notaire (notary), who explains its scope to the guarantor.