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The landlord requires your child or relative to provide a guarantee in order to conclude the contract and sign the lease and it is normal to require a guarantee to have the possibility of being covered in the event of default of rent payment. Some parts are to be provided, others are not.
The necessary and required documents
As for the tenant, the lessor will require certain documents in order to prove his solvency and identity. The ALUR law clearly regulates the documents that can be requested from tenants by landlords, these documents relate to identity, professional situation and resources. The list is set by Decree No. 2015-1437 of 5 November 2015, the main documents of which are as follows:
or
Several supporting documents attesting to the legal existence of the legal person as well as the professional activities (the K-bis extract, the articles of association of the company) for legal person guarantees. Documents must show the address of the organization and the name of the person responsible.
A proof of identity of the signatory of the lease and manager of the company, with photo and signature (identity card, passport, driver's license or residence permit).
A proof of current residence (last 3 rent receipts, certificate on honor in case of free housing, last property tax notice, title deed of the main residence or certificate of election of domicile establishing the link with an approved social organization, EDF invoices, home insurance certificate).
One or more documents attesting to a professional activity (employment or internship contract, or failing that, an employer certificate stipulating the remuneration and the proposed job with a date of potential entry into service seconded by the duration of the trial period. An extract K or K bis from the trade and companies register, extract D 1 original from the register of trades for a craftsman, certificate of identification of INSEE for a self-employed worker, a professional card for a liberal profession or any other document attesting to an activity).
One or more documents attesting to resources (last 3 payslips, last or penultimate tax notice, 2 last balance sheets for self-employed professions, notice of award of student grant, title deed of real estate, proof of property income, life annuities or income from movable capital, proof of payment of allowances, retirement, pensions, social benefits or allowances).
It is common for guarantors committing to the signing of a rental lease subject to the law of 6 July 1989 to sign a joint and several guarantee. The latter allows the owner to turn against the guarantor in case of non-payment while avoiding taking legal action with the tenant.
- Certify the identity of the person
or
Several supporting documents attesting to the legal existence of the legal person as well as the professional activities (the K-bis extract, the articles of association of the company) for legal person guarantees. Documents must show the address of the organization and the name of the person responsible.
A proof of identity of the signatory of the lease and manager of the company, with photo and signature (identity card, passport, driver's license or residence permit).
- Proof of domicile
A proof of current residence (last 3 rent receipts, certificate on honor in case of free housing, last property tax notice, title deed of the main residence or certificate of election of domicile establishing the link with an approved social organization, EDF invoices, home insurance certificate).
- Certify a professional activity
One or more documents attesting to a professional activity (employment or internship contract, or failing that, an employer certificate stipulating the remuneration and the proposed job with a date of potential entry into service seconded by the duration of the trial period. An extract K or K bis from the trade and companies register, extract D 1 original from the register of trades for a craftsman, certificate of identification of INSEE for a self-employed worker, a professional card for a liberal profession or any other document attesting to an activity).
- Certify resources
One or more documents attesting to resources (last 3 payslips, last or penultimate tax notice, 2 last balance sheets for self-employed professions, notice of award of student grant, title deed of real estate, proof of property income, life annuities or income from movable capital, proof of payment of allowances, retirement, pensions, social benefits or allowances).
It is common for guarantors committing to the signing of a rental lease subject to the law of 6 July 1989 to sign a joint and several guarantee. The latter allows the owner to turn against the guarantor in case of non-payment while avoiding taking legal action with the tenant.
Payment of rent and charges by the guarantor
Once the rental lease is signed as guarantor comes the signature of the joint and several guarantee, as discussed above, commits during a default of payment to pay the required sums. These sums may include rent, charges, payable in the place of the person whose guarantor has acted as guarantor. As a result, the owner can easily turn against the guarantor and demand the unpaid sums.
Ce qu’il faut retenir :
- The landlord requires your child or loved one to provide a guarantee in order to conclude the contract and sign the lease and it is normal to require a guarantee to have the possibility of being covered in case of default in payment of rent.
- Some parts are to be provided.
- When no guarantor is possible, it is possible to benefit from an online deposit on certain sites such as Cautioneo, Unkle or GarantMe.
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Posted on 21/10/2021 by
Andy LECUYER
