- What is solidarity surety?
- The commitments of the solidarity surety
- Renting a home: the failing solidarity guarantee
The person (physical or moral) called surety, agrees with the owner-lessor to pay any outstanding debts of his tenant. There are two forms of bond, simple and united. In detail in this article: the joint guarantee for the rental of a home.
What is solidarity surety?
The joint and several guarantee allows the lessor to appeal directly to the guarantor, from the first outstanding payment. The contact is made by registered letter with acknowledgment of receipt.
The landlord is therefore not required to contact the tenant in priority in order to claim the payment of amounts owed, and whether or not he can pay his debt.
To note: even if the hiring accumulates several solidarity guarantees, the landlord is not obliged to contact each of them in order to divide the debt between the guarantors. The landlord can indeed send the entire rental debt to the same deposit (chosen for its solvency).
The commitments of the solidarity surety
The bond takes the form of a written bond of guarantee and is transmitted to the guarantor (unless the document is included in the lease).
The joint and several guarantee commits itself to pay rental debts, comprising:
- the rents and charges and their possible interests;
- renovation costs housing in case of degradation.
Duration of the commitment:
- the commitment of the surety can be without duration. It can be terminated at any time, although it continues to run until the end of the lease.
- or fixed term (current until the date indicated in the deed of guarantee).
Renting a home: the failing solidarity guarantee
If the joint surety is found not to be able to pay the amounts due by the tenant, it can then apply to the district court to request a payment period.
After this time, and in case his finances still do not allow the settlement of the rental debt, the joint and several guarantee may apply to the overindebtedness commission from the department of his residence.
To note: If the joint guarantee does not finally pay the arrears of the tenant, the owner can then ask that his property, his income or his home (if it is owner) are seized.