Rental guarantors in Paris: what every tenant should know before signing

In Paris, most landlords and letting agencies ask for a guarantor before signing a lease. This guarantor, called a caution under French law, commits in writing to pay the tenant's debts if the tenant does not. It is a serious commitment for the person who takes it on, and often a decisive part of your application. Here is what you need to know before asking someone close to you to act as guarantor.

Guarantor, caution, security deposit: what are we talking about?

The guarantor is a person (a parent, a friend) or an organisation (a company, a bank) that guarantees payment of rental debts: rent, service charges, any late-payment interest and the cost of repairing the flat if it has been damaged. It must not be confused with the security deposit (dépôt de garantie), a sum of money paid when you move in and returned when you leave (see our guide to the inventory check and deposit).

Simple or joint and several guarantee

The deed states which type of commitment the landlord has chosen:

• Simple guarantee (caution simple): the landlord must first claim the money from the tenant, through a formal payment demand. Only if the tenant cannot pay may the landlord turn to the guarantor.
• Joint and several guarantee (caution solidaire): the landlord may go straight to the guarantor from the first missed payment, without first trying to recover the money from the tenant.

In practice, the vast majority of Paris leases provide for a joint and several guarantee. The person acting as guarantor should know this before signing.

Can a landlord always require a guarantor?

No. A private landlord who already has rent default insurance cannot also ask for a guarantor, unless the tenant is a student or an apprentice. A landlord that is a legal entity (a company, an institutional landlord) cannot ask a student receiving a higher-education grant for a guarantor, unless it is a family-owned property company (SCI familiale).

Another useful rule: a landlord cannot refuse a guarantor because they do not hold French nationality or do not live in mainland France. A parent living abroad can therefore act as guarantor.

Documents a guarantor can be asked for

As for the tenant, the list is set by decree. For an individual guarantor, the landlord may ask for:

• a valid identity document;
• a single proof of address (rent receipt, energy bill less than 3 months old, insurance certificate, property tax notice);
• one or more proofs of employment status (employment contract, professional card, company registration extract, etc.);
• one or more proofs of income (last three payslips, latest tax notice, proof of pensions or rental income, etc.).

Foreign documents must be translated into French and amounts converted into euros. Anything outside this list (bank statements, a certificate of good account standing, etc.) cannot be required: see our article on the documents a landlord cannot legally ask for.

What the guarantee deed must contain

The guarantor's commitment must be in writing, either as a private agreement or before a notary. It must in particular state:

• the rent amount, in figures and in words, and how it can be revised;
• the text of the penultimate paragraph of Article 22-1 of the Act of 6 July 1989, which explains how a guarantor can terminate an open-ended commitment;
• a statement clearly showing that the guarantor understands the nature and scope of the commitment;
• the guarantor's signature.

A copy of the lease must be given to the guarantor. A deed that does not meet these formal requirements can be declared void by a court. Service-public.fr offers a free guarantee deed template (acte de cautionnement) to fill in online.

How long does the commitment last?

If the deed sets a duration, the guarantor is bound until that date. If it does not, the guarantor can terminate at any time by registered letter, but termination only takes effect at the end of the current lease (initial or renewed). The guarantor remains liable for debts incurred during that lease.

In a flat share with a single lease and a joint liability clause, the departing flatmate and their guarantor remain liable until a replacement is added to the lease, and for no more than 6 months after the end of the notice period. We explain these rules in our article on flat sharing in Paris.

Our tips for an application with a guarantor

• Prepare your guarantor's file at the same time as your own: in Paris, an incomplete application often loses its place.
• Choose a guarantor whose income is well above the rent: that is the first thing the landlord looks at in their file.
• Have your guarantor read the deed before signing, especially its duration and the type of guarantee.

To go further, read our guide to a rock-solid rental application in Paris.

Conclusion

A good guarantor reassures the landlord, but the commitment must be made with full knowledge and properly documented. APPARTE helps you put together a complete application, guarantor included, and present it at the right moment. Book an appointment with APPARTE.

This article provides general information that is up to date at the time of publication. For a specific situation, have your rights checked by a professional (ADIL housing information centre, lawyer or notary).