Tenant Guarantor in France: Documents & Law
As a tenant in France, understanding what documents a guarantor can provide is essential to secure a lease and protect your rights. This guide explains, in plain language, the documents commonly requested by a landlord or agency (identity document, proof of income, tax notice, rent receipts), the legal limits to these requests, and alternatives such as Visale or rent guarantee insurance (GLI). You will also find practical advice to prepare the file, avoid abusive refusals and act in case of dispute, with official references to check the law and administrative procedures in France.
Common documents requested from the guarantor
A landlord or agency may request a guarantor file to verify the ability to cover the rent. Frequently requested items include:
- Guarantor's identity document (national identity card or passport).
- Proof of income (last three pay slips, employment contract, or tax notice).
- Guarantee declaration or signed surety act.
- Statements or receipts proving absence of previous unpaid rents.
- Guarantor's contact details and proof of address for notifications.
Legal framework in France
Residential leases are primarily governed by Law No. 89-462 of July 6, 1989 and its subsequent amendments (ALUR, ELAN). This law regulates the information a landlord may request from the tenant and guarantor, security deposit rules, lease duration and repair obligations. For specific articles and consolidated texts, consult the official references on Legifrance.[1]
Steps and best practices to prepare the file
Before presenting a guarantor, prepare a clear and complete file. Providing well-organized documents speeds up validation and reduces the risk of additional requests.
- Collect original documents or certified copies: identity documents, pay slips, tax notices.
- Prepare a signed surety act and request a copy for your records.
- If the accommodation needs repairs, check the landlord's obligations regarding habitability and safety.
- Inform the guarantor of the legal implications and keep full contact details.
What to do in case of refusal or abusive request?
If you believe a landlord requests information beyond what is allowed, start by asking for written justification of the request. If in doubt, contact the departmental conciliation commission or consult procedures and sample letters available on Service-public.fr.[2]
Foire aux questions
- Can the landlord request a bank statement from the guarantor?
- No, a detailed bank statement is not necessarily justified; the landlord may request proof of income or a tax notice but must respect proportionality and data protection.
- Can a guarantor withdraw from the guarantee after signing?
- Once the surety act is signed, the guarantor remains bound according to the terms of the contract; amicable solutions can be sought but unilateral withdrawal is not automatic.
- What alternatives exist if I do not have a guarantor?
- In France, schemes like Visale or subscribing to rent guarantee insurance (GLI) can help secure a lease without a private guarantor.
How-To
- Verify the exact list of documents requested by the landlord and ask for written confirmation if needed.
- Gather proof of income (pay slips, tax notices) and evidence of prior rent payments if available.
- Prepare a signed surety act and keep a copy for tenant and guarantor.
- Inform the guarantor of legal implications and retain full contact information.
- Deliver the file in person or by registered mail and keep proof of submission.
