Tenant's (or roommate's) deposit in a private home - Rental

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

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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:

Act of joint (or simple) surety of a tenant

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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:

Terminate a tenant's bond

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

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

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