Before being surety for the rental of your child, it is better to know what this implies. - IStock / City Presse

More than one landlord has already found himself in the red because of a tenant unable to pay his rent. To avoid this kind of situation, lessors require concrete files.

Failing to have a permanent contract salary corresponding to three times the amount of rent and charges, candidates must most often post a solid deposit to obtain the keys.

The free choice of the lessor

The owner of a rental accommodation can freely choose his tenants, as long as he does not discriminate. Therefore, he may require the presence of a bond as a financial guarantee, while reserving the right to judge whether it is sufficiently solid.

The law places two limits on this freedom. The lessor does not have the right to ask for a deposit when he has taken out insurance against unpaid rents. In addition to private contracts, the Visale system allows, under certain conditions of rent amount and tenant status, to benefit from this guarantee free of charge. Furthermore, when the owner is a legal person, such as a business for example, an individual cannot stand surety for the tenant. You have to go through a dedicated organization.

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If parents who can afford it do not hesitate to play the guarantor for their child, they do not always know what it is. Broadly speaking, being a surety implies settling the tenant's debts if he no longer pays his rent. However, the terms may vary. The so-called “joint and several” surety allows the lessor to apply to the tenant or to his surety as soon as the slightest unpaid amount. Conversely, a “simple” bond can only be disturbed if the occupant is insolvent or if the proceedings against him have failed.

Also beware of debts that may be claimed from you. The surety bond can limit your commitment to the payment of the rent and charges or even include other costs such as rental repairs, the costs of proceedings against the tenant or even the occupancy payments if he refuses to leave the premises after the judicial termination of their lease. Everything must be stipulated in the bond document. Similarly, you can be committed for the entire duration of the contract and its renewal or for a determined number of years. On the other hand, if the act does not specify anything or if it mentions "the entire rental period", you can denounce it at any time by registered post. You will then be released at the end of the rental renewal period.

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What signature?

Because committing as a surety for a tenant is fraught with consequences, affixing a simple mention at the bottom of the contract is not enough. The legislator demands to respect a specific formalism. Previously, it was necessary to copy by hand a handwritten mention of commitment, just to understand the issues involved.
However, the Law on the Evolution of Housing, Development and Digital Technology, known as the Élan Law, of November 23, 2018, decided to simplify the procedure by eliminating this writing exercise. Consequently, it suffices to sign a surety bond annexed to the lease. This document must mention the amount of the rent and the conditions of its revision and specify the extent of the commitment of the guarantor, who must have an “explicit and unequivocal” knowledge of it.

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