GUARANTOR AND SURETY
Having a guarantor is not mandatory but is almost systematically requested by the owner in rental files. If your income is 3 times higher than the amount of rent, you will not need to call on a guarantor or show your proof of income as evidence. And if your income is from foreign sources, you'd do well to use a guarantor too.
- What is a Guarantor?
Generally, guarantors are relatives, colleagues, or the tenant's employer. These are called Personal Guarantors. But it is also possible to contact financial institutions or social organizations to be Corporate Guarantors, such as:
- Banks
- Insurance Providers
- Associations
2. What is a Surety?
Within the context of hiring guarantors in rentals, tenants can also hire a surety to help with the situation. Just like a guarantor, a surety is a person or entity that assumes the duty of paying a debt if the debtor (in this case the tenant) is unable to pay the debt (in this case, rent or unpaid rent).
For this, the tenant will have to enter into a surety agreement with the person or entity willing to help them. The agreement comes in the form of a contract, signed by both the debtor (tenant) and the surety, who will be referred to as the cosigner. The terms of a surety agreement can vary depending on what the debtor and the surety have agreed upon.
There are two types of surety: Simple Surety and Joint & Several Surety.
In the case of a Simple Surety, the landlord can claim payment of the tenant's debts by the bailiff, before calling on the surety.
In the case of Joint & Several Surety, he may appeal directly to the surety to settle unpaid.
In the same vein, there's also Vouching. This engages the responsibility of the person/entity in case of unpaid rent and additional rental charges. If it is a simple guarantee, the landlord can turn to the guarantor only after having notified their tenant of unpaid rent or other rental debts.
Please Note:
Being a surety requires commitment. If the surety doesn't repay the debts of the tenant, their property and income may be seized.
- Deposits are cumulative and are used to cover any debts (rent, charges, deposit).
- Security Deposits are used to pay for repairs to the property following any damage.
Do note that the security deposit must be returned after 30 days if no damage has been found. This period increases to 60 days if damage has been found (it is important to provide all supporting evidence and documents).
To ask the surety to replace the defaulting tenant, the steps are more complex. You have to:
- Sending registered letters with acknowledgment of receipt
- Call the services of a bailiff
- Bring the case to the local court.
A1 Real Estate takes into account all the provisions and guarantees that will help us carefully choose the best rental files among prospective tenants. These files are in line with financial institutions, social organizations, and rental guarantors, such as our partner garantme.fr, to eliminate any risk of non-payment of rent.
4. What is the security deposit ?
The Deposit is an amount that the guarantor will pay in case of the tenant's unpaid rent. Though this is not mandatory.
An alternative to a deposit is the VISALE Guarantee. This is a financial scheme that allows the debtor to obtain a deposit if a guarantor has not been found
What is a Security Deposit?
The Security Deposit is a sum of money paid upon signing of the lease. It is kept by the lessor for the duration of the lease. And at the end of the lease, it is either returned to the tenant or kept, either partially or in total, to cover any damage on the property.
The amount of the security deposit must be included in the lease and it cannot be greater than:
- 1 month's rent for the rental of an unfurnished property excluding rental charges
- 2 months' rent for the rental of a furnished property excluding rental charges
The ALUR Law of March 24, 2014, set the deadlines for returning the security deposit The tenant can recover their deposit within a period of:
- 1-month maximum if the outgoing inventory is identical to the incoming inventory
- 2-month maximum if the outgoing inventory is different from the incoming inventory
Please Note:
- When the landlord does not return the security deposit within the deadline, they'll be required to pay late payment interest. The amount of the security deposit to be returned to the tenant is increased by an amount equal to 10 % of the monthly rent (excluding charges) for each month passed after the deadline date.
- It is illegal to deduct from the last rent to pay the amount of the security deposit. Also, A tenant who deducts the amount of the security deposit from the last rent cannot obtain a rent receipt.