Furnished rental: What guarantees can be required by a landlord?
Several guarantees can be requested from the tenant to ensure and secure the payment of rents.
1. Require a guarantor
To secure the payment of rents, the landlord can demand and ask the tenant to have a guarantor.
In the context of a rental, the guarantor undertakes to pay the rent in the event of an incapacity.
The guarantor is a hired person, whose income is sufficient (at least 3 times higher than the amount of rent).
Generally, guarantors are relatives, family or their employer. But it is also possible to contact bonding organizations. This may be:
If no one from the entourage can stand surety, there are aids such as the Visale guarantee (for rents below 2000 euros monthly and if the lessor is a legal entity) or paid solutions via surety organizations.
Vouching engages the responsibility of the person in case of unpaid rents and rental charges. If it is a simple guarantee, the landlord can turn to the guarantor only after having made the preliminary steps with his tenant.
When there is joint and several suretyship, the owner can directly contact the guarantor without going through the tenant in case of unpaid.
The lessor may ask the guarantor for the same supporting documents as the tenant in order to check the solvency.
The guarantor is committed via the deed of guarantee. If no duration is determined, the guarantor has the right to terminate the act.
In the context of a rental, the guarantor undertakes to pay the rent in the event of an incapacity.
The guarantor is a hired person, whose income is sufficient (at least 3 times higher than the amount of rent).
Generally, guarantors are relatives, family or their employer. But it is also possible to contact bonding organizations. This may be:
- Natural persons : family members, friends, third parties,
- Legal entities : companies, banks or associations.
If no one from the entourage can stand surety, there are aids such as the Visale guarantee (for rents below 2000 euros monthly and if the lessor is a legal entity) or paid solutions via surety organizations.
Vouching engages the responsibility of the person in case of unpaid rents and rental charges. If it is a simple guarantee, the landlord can turn to the guarantor only after having made the preliminary steps with his tenant.
When there is joint and several suretyship, the owner can directly contact the guarantor without going through the tenant in case of unpaid.
The lessor may ask the guarantor for the same supporting documents as the tenant in order to check the solvency.
The guarantor is committed via the deed of guarantee. If no duration is determined, the guarantor has the right to terminate the act.
2. Take out unpaid rent guarantee insurance (GLI)
The landlord contributes monthly and is covered in case of unpaid rent. The guarantees can cover, for example: litigation costs, compensation in the event of a rental vacancy or reimbursement of damage to the dwelling by the tenant.
The cost of unpaid rent guarantee insurance represents approximately 3% of the annual rent (including charges).
The conditions for subscribing to insurance:
GLI insurance is taken out for the duration of the lease and its renewals.
The cost of unpaid rent guarantee insurance represents approximately 3% of the annual rent (including charges).
The conditions for subscribing to insurance:
- The dwelling is for residential use only
- The tenant is on a permanent contract
- The rent does not represent more than 1/3 of the tenant's income
- If the tenant is already in the premises, he must not have experienced any non-payment in the last 6 months
GLI insurance is taken out for the duration of the lease and its renewals.
3. Benefit from the Visale guarantee
The Visale guarantee is a guarantee contract offered by Action Logement.
The Visale guarantee guarantees the unpaid rents and charges of the tenant's principal residence, for the duration of the lease (36 unpaid monthly payments for private rental housing and 9 monthly payments for social rental stock)
For students and work-study students (without proof of resources), the amount of guaranteed rent is:
The guarantee covers damage, excluding the costs of restoring the furniture, within the limit of two monthly payments for housing in the private park.
The dwelling must:
The Visale guarantee guarantees the unpaid rents and charges of the tenant's principal residence, for the duration of the lease (36 unpaid monthly payments for private rental housing and 9 monthly payments for social rental stock)
For students and work-study students (without proof of resources), the amount of guaranteed rent is:
- 800 € in Ile-de-France,
- 600 € on the rest of the French territory
The guarantee covers damage, excluding the costs of restoring the furniture, within the limit of two monthly payments for housing in the private park.
The dwelling must:
- Constitute the tenant's principal residence
- Be located on French territory (metropolitan France, DROM)
- Be the subject of a signature of an empty (bare) or furnished lease
- The lease must be signed after obtaining the Visal deposit. It must contain a resolutory clause of non-payment of rent. The amount of rent must not exceed €1,500 in Île-de-France and €1,300 in the rest of the territory.
4. Use a bond
The surety is a written contract by which a person called the surety undertakes to the lessor to pay in place of the tenant.
Be careful, there is a difference between the security deposit and the deposit. The security deposit is paid at the beginning of the lease and is intended to guarantee the lessor against potential damage.
There are two (2) types of bond:
> There are two types of surety: the simple surety and the joint and several surety.
What documents are required from the guarantor?
These documents allow the landlord to ensure the identity and level of resources of the future tenant.
The list of documents that the lessor may request is set by the regulations (decree of 5.11.15). This list applies to rental contracts (empty or furnished) of dwellings rented as a principal residence.
The documents are as follows:
Be careful, there is a difference between the security deposit and the deposit. The security deposit is paid at the beginning of the lease and is intended to guarantee the lessor against potential damage.
There are two (2) types of bond:
- By a legal entity: Visale guarantee offered by Action logement, or the FSL (Fonds de solidarité du logement), organizations that offer "unpaid rent" insurance supported by the tenant
- By a natural person: for example, parents who act as guarantors for their child.
> There are two types of surety: the simple surety and the joint and several surety.
- In the case of a simple surety, the lessor claims payment of the debts to the tenant by bailiff, before calling on the surety.
- In the case of joint and several surety, he may appeal directly to the surety to settle unpaid.
What documents are required from the guarantor?
These documents allow the landlord to ensure the identity and level of resources of the future tenant.
The list of documents that the lessor may request is set by the regulations (decree of 5.11.15). This list applies to rental contracts (empty or furnished) of dwellings rented as a principal residence.
The documents are as follows:
- Proof of identity (identity card, passport, French or foreign driving license. For sureties of legal persons: original Kbis extract less than 3 months old)
- Proof of address (last rent receipt, water bill, electricity bill, gas bill, housing insurance certificate, last property tax notice, etc.)
- Certificate of professional activity (employment contract, internship contract, extract K or Kbis, extract D 1 original from the register of trades of less than 3 months, copy of the professional card, etc.)
- Certificate of resources (last notice of taxation or non-taxation, last 3 payslips, the last 2 balance sheets, proof of property income, etc.)
Ce qu’il faut retenir :
Several guarantees can be requested from the tenant to ensure and secure the payment of rents. The owner can
As for the tenant, the owner may require certain documents from the guarantor as well as the surety. The requested documents concerning: proof of identity, proof of residence, certificate of professional activity and resources
- Require a guarantor
- Take out unpaid rent guarantee insurance (GLI)
- Benefit from the Visale guarantee
- Use a bond
As for the tenant, the owner may require certain documents from the guarantor as well as the surety. The requested documents concerning: proof of identity, proof of residence, certificate of professional activity and resources
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Posted on 27/06/2023 by
Andy LECUYER
