Tenant Guaranty in France: Required Mentions

Signing or accepting a guarantor agreement often raises questions for a renter in France. This text simply explains which statements must appear to protect the guarantor and the tenant, how to limit the duration and amount of the guarantee, and what remedies exist in case of disagreement or legal action. You will also learn when a guaranty is valid, what obligations fall on the landlord, and how to keep useful evidence (lease, inventory of fixtures, rent receipts). The objective is to give clear steps to check a guarantor agreement, avoid pitfalls and act effectively without complex legal jargon.

What is a guarantor agreement?

A guarantor agreement is a contract by which a person (the guarantor) undertakes toward the landlord to pay, if the tenant fails to do so, the amounts due under the lease. In France this agreement must comply with the rules of tenancy law and the law of July 6, 1989.^[1]

Mandatory statements

To be valid and enforceable, a guarantor agreement must contain certain clear information. Always check for the following elements:

• Full identity of the guarantor (name, address) and, if a legal person, corporate name.
• Identity of the tenant and description of the dwelling (precise address).
• Maximum amount guaranteed or method of calculating the guarantee.
• Duration of the commitment or condition limiting its duration (e.g. time-limited guaranty).
• Terms for enforcing the guaranty (conditions and procedure).
• Date and signature of the guarantor and, if applicable, an express mention of joint liability.

Duration, amount and limits

The law and case law limit the possible scope of a guaranty: amounts are usually expressed in euros and the duration should be specified. Without clear limitation, the commitment may be considered too vague. If in doubt, ask the landlord to specify the duration or to indicate "for the term of the lease" with the end date if necessary.

What can tenants and guarantors do?

If you are a tenant or guarantor, keep all evidence: lease contract, inventory of fixtures, rent receipts and written exchanges. Before signing, request a written explanation of how the guaranty will be enforced. In case of dispute, attempting conciliation through the departmental conciliation commission (Commission départementale de conciliation) is often recommended before any judicial action.^[3]

FAQ

Can the guarantor withdraw after signing?

No, signing binds the guarantor. Only specific clauses or a written agreement from the landlord can modify or end the commitment.

What is the difference between a simple guaranty and a joint guaranty?

A simple guaranty obliges the guarantor to pay if the tenant defaults and after certain steps; a joint guaranty allows the landlord to go directly to the guarantor without exhausting remedies against the tenant.

Which statements refer to the model lease?

The model lease and official recommendations specify common formulations and the statements to check for a guaranty.^[2]

How-To

1. Carefully read the lease and the guarantor agreement before signing.
2. Check for the presence of identity, amount and duration in the commitment.
3. Ask the landlord for written clarifications in case of ambiguity.
4. Keep all documents (lease, inventory of fixtures, receipts) for conciliation or legal action.
5. In case of conflict, contact the departmental conciliation commission and then, if necessary, the judicial court.

Key takeaways

• A guarantor agreement must be written and precise to be enforceable.
• Always verify amount, duration and enforcement terms before signing.
• Keep evidence and seek conciliation first in case of dispute.

Help and support

• Model lease and deposit information — Service-Public.fr
• Légifrance — Official texts
• Departmental conciliation commission — Service-Public.fr

1. [1] Légifrance — Law No. 89-462 of July 6, 1989
2. [2] Service-Public.fr — Model lease and deposit information
3. [3] Service-Public.fr — Departmental conciliation commission