Selecting a language will automatically trigger the translation of the page content.

Tenant's (or roommate's) guarantee in a private dwelling

Verified 01 January 2022 - Legal and Administrative Information Directorate (Prime Minister)

Additional cases ?

Security deposit

The guarantor is the person who, in a written document called bond, undertakes to pay the tenant's rental debts to the owner of the rented accommodation. There are 2 types of deposit: the simple deposit and the solidarity deposit.

Rental

The guarantor shall be a person or body who undertakes in writing (bond) to pay the rental debts owed by the tenant mentioned in act of guarantee. These include:

  • the rent and charges, as well as any interest charged to the tenant for late payment of the leasehold debts
  • and the cost of rehabilitation of the damaged accommodation.

If the deposit does not repay the rental debts, the personal property of the guarantor, its income and accommodation (if owned) may be seized at the request of the owner.

There are 2 types of deposit:

  • The simple deposit which allows the landlord to apply for the security only if the tenant is unable to pay his or her rental debts.
  • The solidarity which allows the owner to appeal directly from the deposit on theto unpaid, without even going through the tenant and thus without even looking if the latter could pay. In other words, it does not matter whether the tenant cannot or will not pay the debt.

The type of deposit chosen by the owner is indicated in the bond deed.

Please note

do not confuse security (person or organisation) and security deposit (amount of money).

The owner is allowed to claim deposit in return for signing the lease. In practice, this is often the case, including when a social housing.

However, there are cases where the owner is not allowed to apply for a deposit:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The owner is an individual

A landlord who already has private insurance against rental risks can apply for a deposit only if his tenant is a student or apprentice.

The owner is a legal person (business, HLM organisation...)

The landlord cannot apply for a deposit if the tenant is a student who receives a higher education grant.

The deposit can be:

  • either a natural person (parent, friends...),
  • a corporation (Action-Housing which distributes the Visal warranty, a company, a bank, ...).

In order to be accepted, the security must provide the owner with a number of supporting documents proving that it has sufficient financial guarantees to pay the tenant's eventual unpaid debts. The owner has the right to claim the following documents:

Bail identity document
Physical

The owner has the right to require 1 valid ID of the following documents:

  • French or foreign identity card (with photo)
  • French or foreigners passport (with photo)
  • French or foreigners driver's licence (with photo)

The owner cannot refuse the guarantee on the grounds that the person does not have French nationality or that he or she does not reside in the metropolitan area.

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original. The document must be written or translated into French.

Legal

The owner has the right to require the following 2 documents :

  • Original excerpt K bis less than 3 months from the business or articles of association or any other document proving the legal existence of the person, showing the name of the person in charge and the address of the body and proof that a declaration has been made to a professional administration, jurisdiction or body
  • Proof of identity of the representative of the legal person appearing on extract K bis or the statutes

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of domicile

The owner has the right to require only 1 proof of the following documents:

  • Last rent receipt
  • Water, gas or electricity bill less than 3 months
  • Certificate of insurance for housing less than 3 months
  • Last notice of property tax or, if necessary, title of the principal residence

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of employment

The owner has the right to require 1 or more supporting documents of the following documents:

  • Contract of employment or work placement or, failing that, a certificate from the employer specifying the employment and the proposed remuneration, the date of entry into service envisaged and, if necessary, the duration of the trial period
  • Copy of professional card (professional)
  • Copy of the identification certificateInsee: titleContent with identification numbers (self-employed)
  • Original D1 extract from the register of trades under 3 months (craftsman)
  • Extract K or K bis from the register of trade and businesses under 3 months (commercial companies)
  • Any recent evidence of professional activity (other cases)

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Income justifications

The owner has the right to require 1 or more documents of the following documents:

  • Last 3 pay slips
  • Last 2 balance sheets or, if necessary, attestation of the resources for the current financial year issued by an accountant (non-employees)
  • Justification for payment of allowances, pensions, social and family benefits and allowances received in the last 3 months or proof of entitlement established by the paying agency
  • Title of a property or last notice of a property tax
  • Justification of land income, life annuities or income from securities and movable assets
  • Last tax or non-tax notice

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Shape

The guarantee must be in the form of a written document and must be carried out by private signature or authentic act.

The owner must provide the surety with a copy of the bond, unless the bond is included in the lease.

Content

From 1 January 2022

This letter template can be used:

Deposit (single or joint and several) for a rental - from 2022

From 25 November 2018 to 31 December 2021

This letter template can be used:

Deposit (single or joint and several) for a rental - from 25 November 2018 to 2021

Before this date

This letter template can be used:

Deposit (single or joint and several) for a rental - from 25 November 2018 to 2021

The person holding the deposit must handwriting itself the following:

  • Amount of rent in numbers and letters, as well as the conditions of its revision. The deposit may indicate a maximum amount of security. In this case, the landlord cannot claim a higher amount, even if the rental debt is higher. If the deposit does not indicate a maximum amount, then its commitment is extended.
  • A clear statement that the guarantor has become aware of the nature and extent of its commitment. If the guarantor is in solidarity, this must be specified in the deed.
  • Reproduction of the following section of the Act: "

    Where the guarantee of obligations resulting from a lease concluded pursuant to this Title does not include any indication of duration or where the duration of the guarantee is stipulated indefinitely, the guarantee may unilaterally terminate it. The termination shall take effect at the end of the lease, whether the original contract or a renewed or renewed contract, in which the lessor receives notification of the termination."

Répondez aux questions successives et les réponses s’afficheront automatiquement

Simple deposit

Reminder

the simple deposit allows the landlord to use the deposit only if the tenant is unable to pay his or her rental debts.

In the event of an outstanding payment, the landlord must first contact the tenant by sending him a pay command. The bailiff who is responsible for drafting this act must send a copy to the guarantor at the same time. If the guarantor has not been informed by the bailiff, it is not obliged to pay any interest charged to the tenant for late payment of the rental debts.

If, despite this, the tenant fails to pay his debts, the landlord must apply to the deposit.

It is recommended that the owner do this by registered mail with notice of receipt. Thus, he can prove that he made the request to the guarantor.

Solidarity guarantee

Reminder

the solidary guarantee allows the owner to appeal directly from the deposit on 1to unpaid, without even going through the tenant and thus without even looking if the latter could pay. In other words, it does not matter whether the tenant cannot or will not pay the debt.

The owner must contact the deposit by registered letter with notice of receipt.

Where the surety is unable to pay the rental debts, it may request payment terms by referring the matter to the court.

Who shall I contact

If the financial situation of the guarantor is such that these time limits are not sufficient, it may seize refer overindebtedness commission the department of its place of residence.

Non-term bond

If no commitment period is included, the guarantor may terminate the undertaking at any time by registered letter with notice of receipt.

However, the termination served on the owner does not take effect until the lease expires.

In practice, the security that cancels its commitment therefore remains liable for the rental debts until the end of the lease.

Terminate a tenant's bond commitment

Fixed-term bond

When a specific term is indicated in the bond, the guarantor cannot withdraw from the undertaking. It is liable for leasehold debts up to the date originally planned.

However, the parties may provide in writing that certain events terminate the pledge (divorce of the spouses, death of the tenant, ...).

FYI  

in the event of the death of the surety, if nothing is indicated in the deed, his undertaking is automatically transmitted to the heirs. Heirs must guarantee payment of leasehold debts that were already born at the time of death, but not those born after death.

Tenant's commitment may end upon expiration

The undertaking of the guarantor shall cease under the same conditions.

Rental (single lease)

The colocation can take the form of a single lease (each of the housemates signs the same lease, which is common to all). In most cases, this one-time lease contains a solidarity clause (or an indivisibility clause of the rent debt) between the roommates. The presence of this clause has an impact on guarantees, which find themselves indirectly in solidarity with each other. Exclusive renting of a single room married or paced is not a roommate.

The guarantor is a person or organisation who engages in writing (by writing a bond) to pay the tenant's rental debts. These include:

  • the rent and charges, and any interest charged to the tenant for late payment of the rental debts,
  • and the cost of rehabilitation of the damaged accommodation.

Through the solidarity clause (or indivisibility of the rent debt), the bond finds itself indirectly in solidarity with the other housemates. In fact, in case of non-payment of all amounts due, the owner can contact another of the housemates to be paid. If this roommate cannot pay this payment alone, the owner can return to his deposit.

If the deposit does not repay the rental debts, the personal property of the guarantor, its income and accommodation (if owned) may be seized at the request of the owner.

Please note

do not confuse security (person or organisation) and security deposit (amount of money).

The landlord is authorised to require the future tenant to provide a security in return for signing the lease. In practice, this is often the case.

However, there are cases where the owner is not allowed to apply for a deposit:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The owner is an individual

A landlord who already has private insurance against rental risks can apply for a deposit only if his tenant is a student or apprentice.

The owner is a legal person (business, HLM organisation...)

The landlord cannot apply for a deposit if the tenant is a student who receives a higher education grant.

The deposit can be:

  • either a natural person (parent, friends...),
  • a corporation (Action-Housing which distributes the Visal warranty, a company, a bank, ...).

In order to be accepted, the security must provide the owner with a number of supporting documents proving that it has sufficient financial guarantees to pay the tenant's eventual unpaid debts. The owner has the right to claim the following documents:

Bail identity document
Physical

The owner has the right to require 1 valid ID of the following documents:

  • French or foreign identity card (with photo)
  • French or foreigners passport (with photo)
  • French or foreigners driver's licence (with photo)

The owner cannot refuse the guarantee on the grounds that the person does not have French nationality or that he or she does not reside in the metropolitan area.

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original. The document must be written or translated into French.

Legal

The owner has the right to require the following 2 documents :

  • Original excerpt K bis less than 3 months from the business or articles of association or any other document proving the legal existence of the person, showing the name of the person in charge and the address of the body and proof that a declaration has been made to a professional administration, jurisdiction or body
  • Proof of identity of the representative of the legal person appearing on extract K bis or the statutes

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of domicile

The owner has the right to require only 1 proof of the following documents:

  • Last rent receipt
  • Water, gas or electricity bill less than 3 months
  • Certificate of insurance for housing less than 3 months
  • Last notice of property tax or, if necessary, title of the principal residence

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of employment

The owner has the right to require 1 or more supporting documents of the following documents:

  • Contract of employment or work placement or, failing that, a certificate from the employer specifying the employment and the proposed remuneration, the date of entry into service envisaged and, if necessary, the duration of the trial period
  • Copy of professional card (professional)
  • Copy of the identification certificateInsee: titleContent with identification numbers (self-employed)
  • Original D1 extract from the register of trades under 3 months (craftsman)
  • Extract K or K bis from the register of trade and businesses under 3 months (commercial companies)
  • Any recent evidence of professional activity (other cases)

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Income justifications

The owner has the right to require 1 or more documents of the following documents:

  • Last 3 pay slips
  • Last 2 balance sheets or, if necessary, attestation of the resources for the current financial year issued by an accountant (non-employees)
  • Justification for payment of allowances, pensions, social and family benefits and allowances received in the last 3 months or proof of entitlement established by the paying agency
  • Title of a property or last notice of a property tax
  • Justification of land income, life annuities or income from securities and movable assets
  • Last tax or non-tax notice

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Shape

The guarantee must be in the form of a written document and must be carried out by private signature or authentic act.

The owner must provide the surety with a copy of the bond, unless the bond is included in the lease.

Content

  • The bond must identify the roommate whose notice (leave) will terminate the bond.
  • The deed of guarantee must also mention the amount of the rent (written in all letters and figures) and the conditions for revising the rent.
  • The bond shall contain the following information:
    I acknowledge that I have read the penultimate paragraph of article 22-1 of the Act of 6 July 1989:
    "Where the bond resulting from a lease concluded pursuant to this Title does not contain any indication of duration or where the term of the bond is stipulated indeterminate, the surety may unilaterally cancel it. The termination shall take effect at the end of the lease, whether the original contract or a renewed or renewed contract in which the lessor receives notification of the termination.’
    I also acknowledge that I have read article 2297 of the Civil Code, which states:
    If I am deprived of the benefits of discussion or division, I acknowledge that I cannot demand [Name and first name of lessor] that he proceed first [Tenant Name] or divide his prosecution into bonds. If not, I retain the right to take advantage of these benefits.
  • The bond must be signed by the guarantor.

End of lease

The solidarity of the roommates ends when the lease expires. The solidarity of the bonds ceases under the same conditions.

Roommate Departure

For leases signed from March 27, 2014, the solidarity of the roommate who gives leave shall end:

  • after the notice and as soon as a new tenant replaces him within the lease
  • or, if there is no new tenant to replace him, after 6 months after the end of the notice period.

The solidarity of the person who has posted security for this roommate ceases under the same conditions.

Warning  

for leases signed before 27 March 2014, other specific provisions shall apply.

Termination of the undertaking of the security

Non-term bond

The guarantor may terminate the undertaking at any time by registered letter with notice of receipt.

However, the termination served on the owner does not take effect until the lease expires.

In practice, the guarantor who cancels his commitment remains obliged to pay the rental debts until the end of the lease.

Fixed-term bond

The guarantor cannot terminate his commitment. It is obliged to pay the rental debts up to the date originally planned.

However, the parties may provide in writing that certain events will terminate the bond (e.g., divorce of the spouses, death of the tenant).

In the event of the death of the guarantor, if nothing is indicated in the deed, his commitment is automatically transmitted to his heirs. The heirs must be liable for debts that were already incurred at the time of death, but not for debts that arose after death.

Shared (multiple contracts)

The colocation can take the form of several independent contracts (one contract per roommate).

The guarantor shall be a person or body who undertakes in writing (bond) to pay the rental debts owed by the roommate mentioned in the bond. These include:

  • the rent and charges, as well as any interest charged to the tenant for late payment of the leasehold debts
  • and the cost of rehabilitation of the damaged accommodation.

If the deposit does not repay the rental debts, the personal property of the guarantor, its income and accommodation (if owned) may be seized at the request of the owner.

There are 2 types of deposit:

  • The simple deposit which allows the landlord to apply for the security only if the tenant is unable to pay his or her rental debts.
  • The solidarity which allows the owner to appeal directly from the deposit on theto unpaid, without even going through the tenant and thus without even looking if the latter could pay. In other words, it does not matter whether the tenant cannot or will not pay the debt.

The type of deposit chosen by the owner is indicated in the bond deed.

Please note

do not confuse security (person or organisation) and security deposit (amount of money).

The landlord is authorised to require the future tenant to provide a security in return for signing the lease. In practice, this is often the case.

However, there are cases where the owner is not allowed to apply for a deposit:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The owner is an individual

A landlord who already has private insurance against rental risks can apply for a deposit only if his tenant is a student or apprentice.

The owner is a legal person (business, HLM organisation...)

The landlord cannot apply for a deposit if the tenant is a student who receives a higher education grant.

The deposit can be:

  • either a natural person (parent, friends...),
  • a corporation (Action-Housing which distributes the Visal warranty, a company, a bank, ...).

In order to be accepted, the security must provide the owner with a number of supporting documents proving that it has sufficient financial guarantees to pay the tenant's eventual unpaid debts. The owner has the right to claim the following documents:

Bail identity document
Physical

The owner has the right to require 1 valid ID of the following documents:

  • French or foreign identity card (with photo)
  • French or foreigners passport (with photo)
  • French or foreigners driver's licence (with photo)

The owner cannot refuse the guarantee on the grounds that the person does not have French nationality or that he or she does not reside in the metropolitan area.

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original. The document must be written or translated into French.

Legal

The owner has the right to require the following 2 documents :

  • Original excerpt K bis less than 3 months from the business or articles of association or any other document proving the legal existence of the person, showing the name of the person in charge and the address of the body and proof that a declaration has been made to a professional administration, jurisdiction or body
  • Proof of identity of the representative of the legal person appearing on extract K bis or the statutes

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of domicile

The owner has the right to require only 1 proof of the following documents:

  • Last rent receipt
  • Water, gas or electricity bill less than 3 months
  • Certificate of insurance for housing less than 3 months
  • Last notice of property tax or, if necessary, title of the principal residence

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Proof of employment

The owner has the right to require 1 or more supporting documents of the following documents:

  • Contract of employment or work placement or, failing that, a certificate from the employer specifying the employment and the proposed remuneration, the date of entry into service envisaged and, if necessary, the duration of the trial period
  • Copy of professional card (professional)
  • Copy of the identification certificateInsee: titleContent with identification numbers (self-employed)
  • Original D1 extract from the register of trades under 3 months (craftsman)
  • Extract K or K bis from the register of trade and businesses under 3 months (commercial companies)
  • Any recent evidence of professional activity (other cases)

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Income justifications

The owner has the right to require 1 or more documents of the following documents:

  • Last 3 pay slips
  • Last 2 balance sheets or, if necessary, attestation of the resources for the current financial year issued by an accountant (non-employees)
  • Justification for payment of allowances, pensions, social and family benefits and allowances received in the last 3 months or proof of entitlement established by the paying agency
  • Title of a property or last notice of a property tax
  • Justification of land income, life annuities or income from securities and movable assets
  • Last tax or non-tax notice

Please note

it is possible to provide a copy of the original document, but the owner can request the presentation of the original.

Shape

The guarantee must be in the form of a written document and must be carried out by private signature or authentic act.

The owner must provide the surety with a copy of the bond, unless the bond is included in the lease.

Content

  • The bond must identify the roommate whose notice (leave) will terminate the bond.
  • The deed of guarantee must also mention the amount of the rent (written in all letters and figures) and the conditions for revising the rent.
  • The bond shall contain the following information:
    I acknowledge that I have read the penultimate paragraph of article 22-1 of the Act of 6 July 1989:
    "Where the bond resulting from a lease concluded pursuant to this Title does not contain any indication of duration or where the term of the bond is stipulated indeterminate, the surety may unilaterally cancel it. The termination shall take effect at the end of the lease, whether the original contract or a renewed or renewed contract in which the lessor receives notification of the termination.’
    I also acknowledge that I have read article 2297 of the Civil Code, which states:
    If I am deprived of the benefits of discussion or division, I acknowledge that I cannot demand [Name and first name of lessor] that he proceed first [Tenant Name] or divide his prosecution into bonds. If not, I retain the right to take advantage of these benefits.
  • The bond must be signed by the guarantor.

A deposit is required:

  • for the period specified in the bond
  • or upon expiry of the notice given by the roommate the owner's notice.

The guarantor can sometimes cancel the undertaking:

Non-term bond

The guarantor may terminate the undertaking at any time by registered letter with notice of receipt.

However, the termination served on the owner does not take effect until the lease expires.

In practice, the guarantor who cancels his commitment remains obliged to pay the rental debts until the end of the lease.

Fixed-term bond

The guarantor cannot terminate his commitment. It is obliged to pay the rental debts up to the date originally planned.

However, the parties may provide in writing that certain events will terminate the bond (e.g., divorce of the spouses, death of the tenant).

In the event of the death of the guarantor, if nothing is indicated in the deed, his commitment is automatically transmitted to his heirs. The heirs must be liable for debts that were already incurred at the time of death, but not for debts that arose after death.