Simple vs Joint Rental Deposit in France

As a tenant in France, understanding the difference between a simple and a joint (solidary) security deposit is essential before signing a lease. The simple guarantee allows the guarantor to require the landlord to act first against the tenant, while the joint guarantee holds the guarantor liable from the first payment request. These two mechanisms have different consequences on the duration of the commitment, the amounts claimable and the remedies in case of unpaid rent or damages. This article plainly explains your rights and obligations, the steps to challenge a deposit claim or obtain the refund of the security deposit, and how to use official resources in France to resolve a dispute.

Understanding simple and joint guarantees

In France, the law regulates the obligations of the guarantor and the tenant. A joint guarantee means the guarantor may be called to pay at the first default, while a simple guarantee allows the guarantor to request that the landlord act first against the tenant.^[1]

Obligations and risks for the guarantor

Before becoming a guarantor, it is essential to understand the scope of the commitment, its duration and the implementation conditions.

• Duration and deadlines of commitment: check the duration specified in the lease.
• Amount and payment: the guarantee may cover rent, charges and repairs.
• Landlord remedies: with a joint guarantee, payment can be requested immediately.
• Procedure in case of unpaid rent: formal notices, injunctions or referral to the judicial court.

FAQ

What is the main difference between simple and joint guarantees?

The joint guarantee binds the guarantor from the landlord's first request; the simple guarantee allows the landlord to act first against the tenant.

Can a guarantor be released from their commitment?

Yes, depending on the contract clauses and the specified duration, but release may require the landlord's written agreement.

What to do if the landlord abusively claims the guarantee?

Gather evidence, send a formal notice and refer the case to the departmental conciliation commission or the court if necessary.

How-To

1. Gather all documents: lease, receipts, inventory of fixtures and written exchanges.
2. Send a formal notice by registered letter with acknowledgment of receipt to the landlord.
3. Contact the departmental conciliation commission for an amicable mediation.
4. Refer the case to the judicial court if no amicable solution is found.

Key takeaways

• A joint guarantee poses an immediate financial risk for the guarantor.
• Request a time-limited clause when possible.
• Act quickly upon receiving a formal notice to preserve your rights.

Help and support

• Service-public — Security deposit and templates
• Legifrance — Law n° 89-462 of July 6, 1989
• Justice — practical information

1. [1] Legifrance — Law n° 89-462 of July 6, 1989
2. [2] Service-public — Security deposit and templates