Joint and Several Liability: How Does It Work, and What Are the Obligations?
Our real estate agency in Paris's 16th arrondissement explains this mechanism in detail, along with its benefits for the landlord, but also the responsibilities it entails for the guarantor.
What is a joint and several guarantee?
A joint and several guarantee is a commitment made by a person (known as the guarantor) who agrees to pay on behalf of the tenant in the event that the tenant defaults. Unlike a simple security deposit, the landlord can turn directly to the joint guarantor without having to prove that they have already attempted to collect the debt from the tenant.
Who can act as a joint guarantor?
In principle, any individual or legal entity may act as a guarantor. However, this role is often filled by a family member (parents, grandparents, uncles, or aunts) or a trusted friend.
Some companies also offer rental guarantee services for employees, and associations or organizations may provide assistance to students.
The key criterion remains the guarantor’s financial stability: stable income, a permanent employment contract, available savings, etc. The landlord must be confident that the guarantor will be able to cover any potential default by the tenant.
How do you draft a valid joint and several guarantee agreement?
A joint and several guarantee must be set forth in writing, in a document known as a guarantee agreement. This agreement may be included directly in the lease or drafted as a separate document.
To be valid, the contract must specify:
- The full identification of the guarantor and the tenant;
- The residence in question (address, type of lease);
- The amount of rent and utilities;
- The duration of the commitment;
- The reference to the “solidarity” aspect.
Good to Know : Since the passage of the ÉLAN Act in 2018, the requirement that the guarantor personally write certain handwritten notes has been relaxed. However, the guarantor must still sign the document and explicitly acknowledge the scope of their commitment.
