When renting an apartment, the owner wants to be sure of getting paid. Let’s review the different solutions to provide a guarantee to the lessor.
When making a rental,
The owner wants to be sure that the rent will be paid. There are two essential solutions to bring guarantees to the owner of the apartment we want to rent. The first solution: have someone who is willing to pay for us if we can not pay, the ” guarantor “. The second solution: make an “unpaid rent insurance”.
Guarantees given to a creditor, known by the legal term of ” security interests “, make it easier to rent a home. Clearly, “we only rent to the rich” or those who have rich friends, but do not be defeatist: we can find solutions to no longer have a rental refusal, even if at the beginning, we did not no guarantor or deposit…
But then exactly, who can guarantee? How to have a deposit?
To help us understand, it’s best to start from the beginning, with definitions of what to remember: the bond and the guarantor.
do not confuse the guarantor with the co-borrower.
This joint guarantee is therefore the ” guarantee of payment of rents ” for the case of a rental.
Warning! We must not confuse the solidarity guarantee with the ” solidarity clause ” very common in roommates. This clause indicates for example that if one of the roommates does not pay, the others must do it for him. All roommates are thus solidary, until the end of the lease. For a roommate who wants to leave the roommate, he must make an amendment to the contract: the owner is free to refuse. He will then remain “solidary” rents for 6 months after his departure, unless a new roommate takes his place.
The ” single bond ” protects creditors less from a default. Indeed, we must first oblige the person who has a debt to pay it. It is only once proved that it can not pay that one will go to seek its guarantors. The hirers prefer, by far, the surety solidarity, we understand why.
The guarantees required by the owners and their agencies are sometimes so significant that one can come to the conclusion, rightly, that it is easier to have a mortgage than to rent! To make sure, just read our article on guarantees to make a credit.
Solidarity Fund for Housing.
The article we are dealing with here focuses on the guarantees required by the lessor or the creditor: in principle, the lessee or the applicant for credit has the means to honor his commitments. recovery procedure, the guarantor will still have to pay.
- Nothing precludes adding clauses to the deed of guarantee, with the conditions, accepted by both litters, which describe when the guarantor is released from his obligations.
Namely: a legal person (company, association) can act as guarantor.
Model type of letter of the guarantor to stand surety:
There are models of letters of guarantee, I put you one, developed by Nexity, to vouch for a lease:
The guarantor must then write by hand on the contract the following text:
This is a recurring problem: if our guarantor lives abroad, how are we doing? The Law (article 22-1 of the law of July 6, 1989) stipulates that one can not discriminate, and that it is quite possible to have a guarantor of foreign nationality or living abroad. Except that nothing prevents the renter to refuse to rent his property, whether foreign or French. In this case, the law is useless.
We put ourselves in the place of the owner: how to be sure that the guarantor living abroad will pay in case of problems? The owner does not necessarily have the desire or the means to pay a lawyer abroad to turn against the guarantor and recover the money that one owes him. The solution, probably the simplest, is to make a bond, such as the one presented above, and validate it at the town hall of his place of residence. This paper gives additional guarantees to the owner, but he can always refuse.
Guarantor for students: Student Rental Deposit (Key)
This state guarantee allows students who do not have guarantors to have a device that is “guarantor” for them. You must be under 28 years old (this age limit does not apply to foreign PhD students).
To no longer be a guarantor, to cancel the suretyship
We must wait until the lease in the case of a lease ends, or the credit ends. In other words, we must be extremely careful before vouching.