Most landlords require the tenant to be supported by a guarantor, who will act as surety for him in the event of non-payment of the rent. The surety is therefore a double security, for the owner who thus protects himself from non-payment, and for the tenant who avoids the risk of eviction in the event of financial problems. But for this protection to be real, the surety deed must still have been correctly drawn up. Here’s how to do it.
The principle of the rental deposit
As requested by the lessor in the vast majority of rentals, the deposit is a form of guarantee which protects the owner against unpaid rent, without having to take out a dedicated guarantee or insurance (such as the unpaid rent guarantee, which moreover cannot be combined with a rental deposit).
A good deposit is often a guarantee of quality for a landlord, in the same way as housing assistance: it is the assurance for him of being able to receive his rent every month, whatever happens.
Although a deposit is not mandatory under any circumstances (except for students and apprentices), any landlord is free to require their tenant to provide a guarantor. This is particularly the case when the rental candidate does not provide high guarantees, for example, sufficient income or a permanent employment contract.
Anyone can act as a guarantor for the tenant, but most often, this commitment is requested from a relative or friend. However, a company, a social organization, and even a bank can take on this role, up to the State which guarantees certain candidates for rental under resource conditions via the Visale system.
What documents must the guarantor provide?
Once the guarantor has been chosen by the tenant, he must, like the latter, provide a certain number of supporting documents. These documents, which are essential for the legality of the surety, are listed by a decree in the Alur law of November 5,
- If the guarantor is a natural person, he or she must present a French or foreign identity document.
- If the guarantor is a legal entity, it must present: either an original K bis extract less than 3 months old; or its statutes; or any other document that proves the legal existence of this legal entity. In any event, the document must show the name of the person in charge, the address of the organization, and proof of an official declaration of the creation of a company or association. Finally, it is necessary to add the identity document of the representative of the legal entity.
- For an individual: recent proof of address (gas or electricity bill, rent receipt, housing insurance certificate), a title deed or the latest property tax notice.
- An employment contract or any other document attesting to professional or student activity.
- Proof of income: this could be the last 3 pay slips, the last 2 financial statements, proof of social benefits, or the retirement pension.
- A tax notice (last or penultimate).
- If applicable: proof of rental income or income from real estate capital.
Please note that apart from these documents, the lessor does not have the right to request any other document. Documents that concern the tenant’s private life, such as the criminal record extract, the social security card, or the marriage contract, must not be required by the owner under any circumstances, who otherwise risks a heavy fine.
Drafting the surety bond
The surety deed must be drawn up manually by the guarantor. Most often, it is drawn up “under private seal”, in a private setting and without the need for a notary to be present. However, the lessor has the right to require that this document be drawn up by a notary; in this case, the costs are his responsibility. Each party keeps a copy of the surety deed, which must mention the following points:
- The amount of the rent must appear in figures and in words, with the revision conditions that appear on the lease (if they exist).
- The maximum amount that the guarantor agrees to cover in the event of non-payment by the tenant. Beyond this amount, the lessor can no longer require the guarantor to pay a single cent. This statement is not mandatory, but if it is not specified, the guarantor is then committed for the entire duration of the rental agreement without any reimbursement limits.
- The manual and word-for-word reproduction of a paragraph of article 22-1 of the law of July 6, 1989, the paragraph which begins with “When the surety…” and up to “notification of termination”.
- A statement that the person acting as guarantor is fully aware of the nature and scope of his or her commitment.
To find a model surety bond to reproduce.
Last point: the duration of the commitment. In agreement with the lessor, the guarantor can specify on the deed a duration of commitment, beyond which the owner will no longer be able to request reimbursement in the event of non-payment. In the absence of such a specification, the commitment runs for the entire duration of the lease, including renewals.
