The act of surety is the document by which a person, natural or legal, designated as the surety, agrees to pay the rent in place of the tenant in case of default on his part. It is an act of legal security separate from the lease contract, frequently requested by the lessor when the tenant does not seem to him to present sufficient guarantees. see also How to avoid false rental records?
This deed of guarantee authorizes the owner to claim the payment of the rental debts directly to the guarantor from the first unpaid, whatever the reason of the late payment. It is therefore a heavy commitment for the signatory of the act of joint and several guarantee.
The surety bond is usually established directly by the lessor, although the use of a notary is possible.
An important simplification was brought by the Elan law (November 2018): from now on, there is no longer any handwritten mention to carry forward. No more pages of writing! As a result, it is now possible to regularize a deposit through a simple signature, or even an electronic signature, dematerialized.
This simplification does not affect the chins that must appear in the act, such as:
Other clauses may be provided:
These clauses, which are not mandatory, are useful because, in their absence, the guarantor can be released from his / her commitment.
A copy of the deed must be given to the surety, as well as a copy of the lease, otherwise the nullity of the act of surety could be raised. By choosing the option of “Rent My Property” we carry out all the contracts including the deeds. We invite you to consult: Your questions before renting and The stages of “Rent My Good”
As a reminder, the roommate is made up of several tenants neither married nor pacsés. Are concerned concubines or simple “co-inhabitants”.
In this hypothesis, the guarantor is well committed for all the sums due but his engagement will end with the end of the commitment of the roommate having given leave that he will have specified in his deed of guarantee.
Concretely, in the deed of guarantee, are specified:
It is forbidden for the owners to ask for a joint surety for a tenant for whom insurance unpaid rent has been subscribed, unless the tenant is a student or apprentice.
See also: Unpaid rent and roommate insurance
Unpaid rent insurance or guarantor?
Unpaid rent insurance without an agency: a good solution?
In the event of death of the surety, the debts born at the moment of the death are automatically transmitted to the heirs. See also the service-public.fr website
Free templates of deposits