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Tenant's (or roommate's) deposit in a private home
Verified 01 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
A natural (individual) or legal person (body) who undertakes in writing (guarantee) to be paid to the landlord, including rent, charges and rental repairs where the tenant fails to do so
The amount of money paid to the landlord by the tenant at the time the lease was signed. It must be returned to the tenant when he leaves the accommodation, after he has returned the keys of the accommodation to the owner. The amount paid to the tenant may be reduced by the amount of unpaid rent or charges, costs related to damage, ...
Organization that finances the construction of housing and provides financial assistance to employees for housing. The funds are paid from companies that pay for the employers' contribution to the building effort (CEP).
An act drawn up and signed by private individuals without the presence of a notary (for example, a contract)
Document drawn up by a competent public official, such as a notary, a commissioner of justice (formerly a bailiff and a judicial auctioneer), a registrar, drawn up in accordance with the formalities required by law and whose content may have the same value as a judicial decision
An act generally served by a commissioner of justice (formerly a bailiff and judicial auctioneer) ordering a person to perform his or her obligations (for example, to pay unpaid rents).
Housing rented by several roommates, and constituting their main common residence. Can be based on a single lease signed by all roommates and the landlord, or on several contracts signed between the roommates and the landlord. The exclusive rental of a home to a married or former couple is not a colocation.
Surety is the person who, in a written document called guarantee, undertakes to the owner of the rented accommodation to pay the tenant's rental debts. There are 2 forms of security: simple security and joint security.
What applies to you ?
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Rental
The guarantor is a person or body that undertakes in writing (guarantee) to pay the lease debts owed by the tenant mentioned in the security document.
Rental debts include:
- rent, charges, any interest charged to the tenant for late payment of the lease debts
- and the costs of rehabilitating the degraded housing.
If the guarantor does not repay the rental debts, the personal property of the guarantor, his income and sound housing (if it belongs to him) can be seized at the request of the owner.
There are 2 types of security:
- The simple deposit which allows the landlord to use the surety only if the tenant is unable to pay his lease debts.
- The joint and several guarantee which allows the landlord to appeal directly to the guarantor from 1er unpaid, without even going through the tenant and therefore without even looking for the tenant to pay. In other words, it does not matter if the tenant cannot or will not pay the debt.
The type of security chosen by the owner is indicated in the guarantee document.
Please note
don't confuse me guarantor (person or body) and security deposit (sum of money).
The owner is entitled to claim a surety in return for signing the lease. In practice, this is often the case, including in the case of social housing.
However, there are cases where the owner is prohibited from applying for a security:
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The owner is an individual
A landlord who already has private insurance against rental risks can only apply for a deposit if their tenant is a student or apprentice.
The owner is a legal person (business, HLM organization...)
The landlord cannot ask for a deposit if the tenant is a student on a higher education scholarship.
The deposit may be:
- either a natural person (parent, friend, etc.),
- or a legal person (Action-Logement which distributes the Visal guarantee, company, bank...).
In order to be accepted, the guarantor must provide the landlord with a number of supporting documents proving that it has sufficient financial guarantees to pay any outstanding payments from the tenant.
The owner has the right to ask the guarantor for the following proof:
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Natural person (parent, friend...)
Proof of identity
The owner may require 1 valid ID among the following documents:
- French or foreign identity card (with photo)
- French or foreigners passport (with photo)
- Foreigners or French driver's license (with photo)
Proof of domicile
The owner may require only 1 proof among the following documents:
- Last rent receipt
- Water, gas or electricity bill less than 3 months
- Home insurance certificate of less than 3 months
- Last notice of property tax or, if necessary, title to the principal residence
Proof of employment status
The owner may require 1 or more supporting documents among the following documents:
- Employment or traineeship contract or, if necessary, a certificate from the employer specifying the employment and the proposed remuneration, the envisaged date of entry into service and, if necessary, the duration of the probationary period
- Copy of the professional card (liberal profession)
- Copy of the certificate of identification of theInsee: titleContent with identification numbers (self-employed)
- Original D1 extract from the register of trades less than 3 months old (craftsman)
- Extract K or Ka from the register of trade and businesses under 3 months of age (trade companies)
- Any recent evidence of professional activity (other cases)
Resource Entitlement
The owner may require 1 or more documents among the following documents:
- Last 3 salary slips
- Last 2 balance sheets or, if necessary, certification of resources for the current financial year issued by an accounting officer (self-employed)
- Proof of payment of allowances, pensions, pensions, social and family benefits and allowances received during the last 3 months or proof of entitlement established by the paying agency
- Title to real estate or last notice of property tax
- Justification of income from land, life annuities or income from securities and movable capital
- Last Tax or Non-Tax Notice
Where all or part of the income received has not been taxed in France, the last or penultimate equivalent document made by the tax authorities of the State or territory concerned must be provided.
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original. The document must be written or translated into French.
Legal person (Housing stock, bank, company...)
Housing action
When the future tenant has as security Housing action, Housing Action shall provide him with a Visa certifying that he is entitled to the Visal guarantee. This is the Visa that the future tenant must provide to the owner of the accommodation.
Bank, company...
The owner may require the following 2 documents :
- Original K bis extract of less than 3 months from the company or the statutes or any other document justifying the legal existence of the legal person, mentioning the name of the person responsible and the address of the body as well as proof that a declaration has been made to an administration, a court or a professional body
- Proof of identity of the representative of the legal person appearing on the extract Ka or the statutes
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original.
Shape
The guarantor must be in the form of a written document and be effected by privately signed document or by authentic instrument.
The landlord must provide the surety with a copy of the surety bond, unless the surety bond is included in the lease.
Content
The guarantor may use this model document to draw up the guarantee document:
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Simple deposit
Reminder
the simple deposit allows the landlord to use the deposit only if the tenant is unable to pay his lease debts.
In case of unpaid, the landlord must first contact the tenant by sending him a command to pay.
The Commissioner of Justice (formerly bailiff and judicial auctioneer) who is responsible for drawing up this document must at the same time send a copy to the surety. If the surety has not been informed by the Commissioner of Justice, he is not obliged to pay any interest charged to the tenant for late payment of the lease debts.
If, in spite of this, the tenant fails to pay his debts, the landlord must go to the surety.
It is recommended that the owner do this by registered mail with notice of receipt. In this way, he can prove that he made the request to the surety.
Joint and several guarantee
Reminder
the joint and several guarantee allows the owner to appeal directly to the guarantor from the 1er unpaid, without even going through the tenant and therefore without even looking for the tenant to pay. In other words, it doesn't matter if the tenant can't or won't pay the debt.
The owner must contact the guarantor preferably by registered letter with notice of receipt.
Where the guarantor is unable to pay the lease debts, he may request payment periods by bringing the matter before the court.
Who shall I contact
If the financial situation of the guarantor is such that these periods are not sufficient, he may lodge an appeal to refer over-indebtedness to the commission of the department of his place of residence.
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Surety bond
If no period of service is indicated in the document, the guarantor may terminate his service at any time by registered letter with notice of receipt.
However, the termination shall be served on the owner shall not take effect until the expiry of the lease.
In practice, the guarantor who cancels his commitment remains obliged to pay the lease debts incurred until the end of the lease.
The guarantor may use a model letter:
Fixed-term guarantee
Where a specific period is indicated in the guarantee document, the guarantor may not terminate his undertaking. It remains obliged to pay the rental debts made up to the date originally scheduled.
However, the parties may provide in writing that certain events terminate the guarantor's undertaking (divorce of the spouses, death of the tenant, etc.).
FYI
in the event of the death of the guarantor, if nothing is indicated in the deed, his undertaking is automatically transmitted to the heirs. The heirs must guarantee the payment of the lease debts that were already made at the time of death, but not those created after death.
The tenant's engagement may end upon expiration
- lease
- or the tenant's notice period.
The undertaking of the guarantor shall cease under the same conditions.
Colocation (single lease)
The colocation can take the form of a single lease (each of the roommates signs the same lease, which is common to all). In most cases, this single lease contains a solidarity clause (or an indivisibility clause on the rent debt) between the roommates. The presence of this clause impacts on bonds, who are indirectly in solidarity with each other. Exclusive rental of a home to a couple married or past It's not a roommate.
The guarantor is a person or body that undertakes in writing (by writing a guarantee) to pay the tenant's rental debts. These include:
- rent, charges, any interest charged to the tenant for late payment of the lease debts
- and the costs of rehabilitating the degraded housing.
By means of the solidarity clause (or the indivisibility of the rent debt), the guarantor is indirectly in solidarity with the other roommates. In the event of non-payment of the full amount due, the landlord can ask another of the roommates to be paid. If the roommate cannot pay for it on his own, the landlord can go back to his surety.
If the guarantor does not repay the rental debts, the personal property of the guarantor, his income and sound housing (if it belongs to him) can be seized at the request of the owner.
Please note
don't confuse me guarantor (person or body) and security deposit (sum of money).
The landlord is authorized to require the future tenant to have a deposit in return for the signing of the lease (lease). In practice, this is often the case.
However, there are cases where the owner is prohibited from applying for a security:
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 only apply for a deposit if their tenant is a student or apprentice.
The owner is a legal person (business, HLM organization...)
The landlord cannot ask for a deposit if the tenant is a student on a higher education scholarship.
The deposit may be:
- either a natural person (parent, friend, etc.),
- or a legal person (Action-Logement which distributes the Visal guarantee, company, bank...).
In order to be accepted, the guarantor must provide the landlord with a number of supporting documents proving that it has sufficient financial guarantees to pay any outstanding payments from the tenant.
The owner has the right to ask the guarantor for the following proof:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Natural person (parent, friend...)
Proof of identity
The owner may require 1 valid ID among the following documents:
- French or foreign identity card (with photo)
- French or foreigners passport (with photo)
- Foreigners or French driver's license (with photo)
Proof of domicile
The owner may require only 1 proof among the following documents:
- Last rent receipt
- Water, gas or electricity bill less than 3 months
- Home insurance certificate of less than 3 months
- Last notice of property tax or, if necessary, title to the principal residence
Proof of employment status
The owner may require 1 or more supporting documents among the following documents:
- Employment or traineeship contract or, if necessary, a certificate from the employer specifying the employment and the proposed remuneration, the envisaged date of entry into service and, if necessary, the duration of the probationary period
- Copy of the professional card (liberal profession)
- Copy of the certificate of identification of theInsee: titleContent with identification numbers (self-employed)
- Original D1 extract from the register of trades less than 3 months old (craftsman)
- Extract K or Ka from the register of trade and businesses under 3 months of age (trade companies)
- Any recent evidence of professional activity (other cases)
Resource Entitlement
The owner may require 1 or more documents among the following documents:
- Last 3 salary slips
- Last 2 balance sheets or, if necessary, certification of resources for the current financial year issued by an accounting officer (self-employed)
- Proof of payment of allowances, pensions, pensions, social and family benefits and allowances received during the last 3 months or proof of entitlement established by the paying agency
- Title to real estate or last notice of property tax
- Justification of income from land, life annuities or income from securities and movable capital
- Last Tax or Non-Tax Notice
Where all or part of the income received has not been taxed in France, the last or penultimate equivalent document made by the tax authorities of the State or territory concerned must be provided.
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original. The document must be written or translated into French.
Legal person (Housing stock, bank, company...)
Housing action
When the future tenant has as security Housing action, Housing Action shall provide him with a Visa certifying that he is entitled to the Visal guarantee. This is the Visa that the future tenant must provide to the owner of the accommodation.
Bank, company...
The owner may require the following 2 documents :
- Original K bis extract of less than 3 months from the company or the statutes or any other document justifying the legal existence of the legal person, mentioning the name of the person responsible and the address of the body as well as proof that a declaration has been made to an administration, a court or a professional body
- Proof of identity of the representative of the legal person appearing on the extract Ka or the statutes
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original.
Shape
The guarantor must be in the form of a written document and be effected by privately signed document or by authentic instrument.
The landlord must provide the surety with a copy of the surety bond, unless the surety bond is included in the lease.
Content
- The bond must identify the roommate whose notice (leave) will terminate the guarantor's commitment.
- The deposit must also indicate the amount of the rent (written in full and in figures) and the conditions of revision of the rent.
- The guarantee document must contain the following information:
I acknowledge having read the penultimate paragraph of Article 22(1) of the Law of 6 July 1989:
‘Where the security for obligations resulting from a lease concluded under this Title does not contain any indication of the duration or where the duration of the security is stipulated indefinitely, the guarantor may unilaterally cancel it. Termination shall take effect at the end of the lease, whether the original lease or a renewed or renewed lease in which the lessor receives notification of termination.’;
I also acknowledge that I have read Article 2297 of the Civil Code, according to which:
If I am deprived of the benefits of discussion or division, I acknowledge that I cannot demand [Name and surname of the lessor] that he first pursue the [Name and first name of the tenant] or that he divides his lawsuit between the surety. If I do not do so, I retain the right to use these benefits.
- The surety must sign the guarantee.
End of lease
The solidarity of the roommates ends when the lease expires. The solidarity of sureties shall cease under the same conditions.
Roommate's departure
For a lease signed after March 26, 2014, the solidarity of the roommate who gives leave ends:
- If a new tenant replaces it in the lease, at the end of the notice
- If not replaced, 6 months after the end of the period of notice
The solidarity of the person who has taken the security for this departing roommate ceases under the same conditions.
Warning
for a lease signed before 27 March 2014, other specific provisions apply.
Termination of guarantor's undertaking
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Surety bond
The guarantor may terminate his employment at any time by registered letter with notice of receipt.
However, the termination served on the owner shall not take effect until the expiry of the lease.
In practice, the guarantor who cancels his commitment therefore remains obliged to meet the rental debts until the end of the lease.
Fixed-term guarantee
The guarantor may not terminate his undertaking. It is obliged to meet the rental debts up to the date originally scheduled.
However, the parties may provide in writing that certain events will terminate the guarantee (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 undertaking is automatically transmitted to his heirs. Heirs are liable for debts that were already incurred at the time of death, but not for debts that arose after death.
Colocation (several contracts)
The colocation can take the form of several independent contracts (one lease per roommate).
The guarantor is a person or body that undertakes in writing (guarantee(b) to pay the rental debts owed by the roommate mentioned in the guarantee. These include:
- rent, charges, any interest charged to the tenant for late payment of the lease debts
- and the costs of rehabilitating the degraded housing.
If the guarantor does not repay the rental debts, the personal property of the guarantor, his income and sound housing (if it belongs to him) can be seized at the request of the owner.
There are 2 types of security:
- The simple deposit which allows the landlord to use the surety only if the tenant is unable to pay his lease debts.
- The joint and several guarantee which allows the landlord to appeal directly to the guarantor from 1er unpaid, without even going through the tenant and therefore without even looking for the tenant to pay. In other words, it does not matter if the tenant cannot or will not pay the debt.
The type of security chosen by the owner is indicated in the guarantee document.
Please note
don't confuse me guarantor (person or body) and security deposit (sum of money).
The landlord is authorized to require the future tenant to have a deposit in return for the signing of the lease (lease). In practice, this is often the case.
However, there are cases where the owner is prohibited from applying for a security:
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 only apply for a deposit if their tenant is a student or apprentice.
The owner is a legal person (business, HLM organization...)
The landlord cannot ask for a deposit if the tenant is a student on a higher education scholarship.
The deposit may be:
- either a natural person (parent, friend, etc.),
- or a legal person (Action-Logement which distributes the Visal guarantee, company, bank...).
In order to be accepted, the guarantor must provide the landlord with a number of supporting documents proving that it has sufficient financial guarantees to pay any outstanding payments from the tenant.
The owner has the right to ask the guarantor for the following proof:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Natural person (parent, friend...)
Proof of identity
The owner may require 1 valid ID among the following documents:
- French or foreign identity card (with photo)
- French or foreigners passport (with photo)
- Foreigners or French driver's license (with photo)
Proof of domicile
The owner may require only 1 proof among the following documents:
- Last rent receipt
- Water, gas or electricity bill less than 3 months
- Home insurance certificate of less than 3 months
- Last notice of property tax or, if necessary, title to the principal residence
Proof of employment status
The owner may require 1 or more supporting documents among the following documents:
- Employment or traineeship contract or, if necessary, a certificate from the employer specifying the employment and the proposed remuneration, the envisaged date of entry into service and, if necessary, the duration of the probationary period
- Copy of the professional card (liberal profession)
- Copy of the certificate of identification of theInsee: titleContent with identification numbers (self-employed)
- Original D1 extract from the register of trades less than 3 months old (craftsman)
- Extract K or Ka from the register of trade and businesses under 3 months of age (trade companies)
- Any recent evidence of professional activity (other cases)
Resource Entitlement
The owner may require 1 or more documents among the following documents:
- Last 3 salary slips
- Last 2 balance sheets or, if necessary, certification of resources for the current financial year issued by an accounting officer (self-employed)
- Proof of payment of allowances, pensions, pensions, social and family benefits and allowances received during the last 3 months or proof of entitlement established by the paying agency
- Title to real estate or last notice of property tax
- Justification of income from land, life annuities or income from securities and movable capital
- Last Tax or Non-Tax Notice
Where all or part of the income received has not been taxed in France, the last or penultimate equivalent document made by the tax authorities of the State or territory concerned must be provided.
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original. The document must be written or translated into French.
Legal person (Housing stock, bank, company...)
Housing action
When the future tenant has as security Housing action, Housing Action shall provide him with a Visa certifying that he is entitled to the Visal guarantee. This is the Visa that the future tenant must provide to the owner of the accommodation.
Bank, company...
The owner may require the following 2 documents :
- Original K bis extract of less than 3 months from the company or the statutes or any other document justifying the legal existence of the legal person, mentioning the name of the person responsible and the address of the body as well as proof that a declaration has been made to an administration, a court or a professional body
- Proof of identity of the representative of the legal person appearing on the extract Ka or the statutes
FYI
The guarantor may provide a copy of the original document. However, the owner has the right to demand the original.
Shape
The guarantor must be in the form of a written document and be effected by privately signed document or by authentic instrument.
The landlord must provide the surety with a copy of the surety bond, unless the surety bond is included in the lease.
Content
- The bond must identify the roommate whose notice (leave) will terminate the guarantor's commitment.
- The deposit must also indicate the amount of the rent (written in full and in figures) and the conditions of revision of the rent.
- The guarantee document must contain the following information:
I acknowledge having read the penultimate paragraph of Article 22(1) of the Law of 6 July 1989:
‘Where the security for obligations resulting from a lease concluded under this Title does not contain any indication of the duration or where the duration of the security is stipulated indefinitely, the guarantor may unilaterally cancel it. Termination shall take effect at the end of the lease, whether the original lease or a renewed or renewed lease in which the lessor receives notification of termination.’;
I also acknowledge that I have read Article 2297 of the Civil Code, according to which:
If I am deprived of the benefits of discussion or division, I acknowledge that I cannot demand [Name and surname of the lessor] that he first pursue the [Name and first name of the tenant] or that he divides his lawsuit between the surety. If I do not do so, I retain the right to use these benefits.
- The surety must sign the guarantee.
The guarantor shall be:
- for the period specified in the guarantee
- or as soon as the notice of the roommate expires if he gives notice (leave) to the owner.
The guarantor may sometimes withdraw from the agreement:
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Surety bond
The guarantor may terminate his employment at any time by registered letter with notice of receipt.
However, the termination served on the owner shall not take effect until the expiry of the lease.
In practice, the guarantor who cancels his commitment therefore remains obliged to meet the rental debts until the end of the lease.
Fixed-term guarantee
The guarantor may not terminate his undertaking. It remains obliged to pay the rental debts made up to the date originally scheduled.
However, the parties may provide in writing that certain events will terminate the guarantee (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 undertaking is automatically transmitted to his heirs. Heirs are liable for debts that were already incurred at the time of death, but not for debts incurred after death.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
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Departmental Agency for Housing Information (Adil)
Sanction of the lessor
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