The Content Of The Article:

In a rental, the guarantor is a natural or legal person who agrees in writing and towards the owner-lessor, to settle any unpaid of the tenant. The commitments of the guarantor for the rental of housing detailed in this article.

Real estate rental: what is the cautionnaire?

The guarantor (or the guarantor) undertakes to settle rental debts that could possibly contract the tenant. An undertaking was made with the owner of the rented dwelling, by written deed of guarantee.

There are two forms of bond binding the guarantor:

  • the simple deposit where the owner can not apply to the deposit without having first claimed his due to the tenant.
  • the joint guarantee that can be put to contribution from the first unpaid.

The guarantor undertakes to settle all unpaid concerning:

  • the rents;
  • the charges;
  • any interest due to late payment;
  • the cost of repairing the property in the event of degradation.

If the guarantor does not reimburse rental debts, the bailor may then request the seizure of his personal property, income and housing. However, in case of financial problems, the guarantor may apply to a district court to obtain a payment period.

The deposit to rent accommodation: duration of the commitment

1. The guarantor commits himself without a fixed term

When no commitment period has been provided for (no details in the act of guarantee), the surety can then retract at any time.

However, its termination is effective only at the end of the lease. The guarantor who breaks his commitment remains responsible for the payment of rental debts until the rental agreement ends.

To note: the cancellation procedure is done here by registered mail with acknowledgment of receipt.

2. The duration of the commitment of the guarantor is fixed

If the act of guarantee specifies the commitment period of the deposit, the latter can no longer retract. The guarantor therefore remains responsible for the settlement of rental debts until that date.

However, it is possible here to specify the events that can be terminate the commitment of the surety (divorce, death, etc.) Failing this, the commitment will automatically be forwarded to the heirs of the guarantor, who in turn become guarantors.


Video Instruction: nature of surety's Liability