How do I change my guarantor when I'm a tenant?

Most landlords require a guarantor to secure the payment of rent. However, during the course of the lease, the chosen guarantor may no longer be able to fulfill his or her role, forcing the tenant to change guarantors. While such a procedure is possible, there are a few rules to be observed.

You can change guarantor with the agreement of the property owner

By law, you have the right to change your guarantor during the term of your lease or when renewing it.

However, to be effective, the change must be approved by all three parties to the rental contract:

• The tenant ;
• The lessor ;
• The guarantor.

You must therefore obtain your landlord's agreement to change your guarantor during the course of the lease. You must also inform and obtain the consent of your guarantor.

Finally, before requesting a change of guarantor, reread your lease. Your lease may contain conditions, rules and restrictions. For example, the landlord may impose a minimum period of commitment from the guarantor before changing.

Why change guarantor during the lease?

There are several reasons why you might want to change guarantor during the course of your lease.

Death of the guarantor

Some surety deeds stipulate that if the guarantor dies, his or her obligations are passed on to his or her heirs, unless they refuse the succession. If you don't have a good relationship with them, you can change guarantor.

If the deed of guarantee does not provide for the transfer of the guarantee to the heirs, the tenant is left without a guarantor. The tenant may have to look for a new guarantor to secure the payment of rent and reassure the landlord.

A change in the guarantor's situation

Chosen for their stability and solvency, guarantors can also experience reversals of fortune, such as loss of employment, a drop in income, over-indebtedness... In such cases, it's a good idea to find a new guarantor with more solid guarantees.

Severing ties with the guarantor

Did your in-laws act as guarantors when you moved into your home with your partner, and now you've separated? Have you fallen out with your best friend, who was also your guarantor? It's probably best to change your guarantor!

A change in the tenant's circumstances

On the other hand, your change of guarantor may be motivated by an improvement in your daily life. This could be the case if your financial situation has improved, and you'd like to call on a private guarantor rather than a relative to be more independent.

The guarantor wants to withdraw

Sometimes it's the guarantor who asks to be released from his or her commitment. This happens when the guarantor has to stand surety for someone else, or when the guarantor's financial situation deteriorates and he fears he will no longer be able to meet his obligations.

Read the rental contract and the deed of guarantee. If the latter specifies the duration and end date of the commitment, your guarantor cannot legally withdraw during the course of the lease. They can only withdraw if the duration of the guarantee is indefinite.

How do I change my guarantor if I'm a tenant?

The procedure for changing guarantors may be detailed in your lease. In that case, you must respect it. If not, here's how to proceed.

Step 1: Find a new guarantor

Your new guarantor may be a legal entity (a guarantor organization or bank guarantee) or an individual (family member, friend, colleague, etc.).

The new guarantor must be sufficiently secure and solvent for the landlord to accept the change.

Step 2: Notify the landlord

Notify the landlord of your wish to change guarantor in writing, either by letter or e-mail.

Explain your arguments. The most effective way to convince the landlord is to show that the change is in his interest. Explain, for example, that the old guarantor won't be able to pay the rent in the event of a problem, but the new one will. Point out that the severance of ties with your first guarantor means that the procedure for recovering unpaid rent is likely to be lengthy, whereas your new guarantor will react more quickly.

Enclose documents relating to the new guarantor (ID, proof of income, address and employment status) and a guarantee deed signed by the new guarantor. You can also send a letter from the old guarantor explaining that he/she agrees to withdraw.

Step 3: Formalize the change of guarantor

Has the landlord accepted your change of guarantor? You need to keep a record of his decision.

If the guarantor is included in the lease, have an amendment to the lease drawn up and signed.

If the guarantor is not included in the lease, ask the landlord for written confirmation (e-mail or letter) that he has accepted the change of guarantor.

What if the landlord refuses to change the guarantor?

The landlord is not obliged to accept the tenant's change of guarantor. If he refuses, ask him to explain his reasons. This will enable you to negotiate.

For example, if the landlord refuses your new guarantor because he feels the tenant's situation is not stable enough, you can offer him a private guarantor such as Garantme. This is an approved form of unpaid rent insurance, with solid financial guarantees that will reassure the landlord. If the landlord doesn't want you to change your guarantor, either because he doesn't know how to add an endorsement to the rental contract, or because he's afraid of the administrative procedures involved, suggest that he hires a notary to modify the lease.

In any case, be aware that the landlord is under no legal obligation to accept your new guarantor, even if he or she is solvent. However, if the conditions are right for your former guarantor to withdraw from his or her commitment, your landlord has everything to gain by authorizing the change.

In short, a tenant can change guarantor during the course of the lease or when it is renewed, with the agreement of the landlord. If the landlord agrees, the change of guarantor must be formalized in writing, for example by adding an amendment to the rental contract.