Guarantor: what documents should you provide for a rental?

In order to accept your application, the landlord requires a number of documents relating to the guarantor of your rental property. In fact, this request has become very common, even though a guarantor is not compulsory and your income is sufficient.

As the guarantor is an additional guarantee of payment of the rent, certain information concerning the guarantor must be substantiated by documents to be provided at the time of rental.

What type of guarantee must the guarantor sign?

The guarantor undertakes to settle any unpaid rent by signing a deed of guarantee. The guarantor's letter of guarantee is crucial, as it represents a financial risk that must be taken with full knowledge of the facts.

It must be in writing, and can be signed in either official or private form. One original copy must be given to the guarantor.

Different types of surety

Guarantees can take 2 different forms, depending on the scope of the commitment.

• Simple surety

A simple guarantor is characterized by its status as a last resort. If the landlord is unable to win the tenant's case, he will turn to the guarantor. Initially, he will have to take all the necessary steps with the defaulting tenant. Then, and only if recovery fails, can the guarantor be called upon.

• Joint surety

A joint and several guarantee places the guarantor on the same creditor footing as the tenant. In other words, the lessor can take action against both the lessee and the guarantor to recover the sums owed.

Obligatory clauses in the deed of guarantee

The drafting of the deed of guarantee should not be taken lightly. If any of the compulsory clauses are omitted, the guarantee is null and void. The ALUR law and the new law (ELAN ), which removed the handwritten clause, have clarified the rules governing the guarantor of a rental property.

The deed of guarantee must include:

• The identity of the guarantor and the lessor, with their contact details
• The identity of the guaranteed tenant
• The amount of rent and how it will be revised
• The period for which the guarantor agrees to act as guarantor
• A reference to art. 22 of the law of July 6, 1989, and a reference expressing the guarantor's manifest willingness to make a commitment.

The deed of guarantee is therefore the fundamental element of the guarantor's file for a rental. To avoid making mistakes, it's best to opt for a guarantor's standard letter (download document).

Furthermore, the landlord must pay close attention to the guarantor's solvency before accepting him or her.

What supporting documents must be provided?

In addition to the guarantor's letter of commitment, other documents may be requested by the landlord. A decree appended to the ALUR law lists the documents that the landlord is entitled to request to justify :

Identity and address

The guarantor is a natural person

The guarantor must provide a valid form of identification with photo and signature, such as an identity card, passport or driving license.

To prove domicile, only one of the following documents is required:

• Electricity, gas or water bill less than 3 months old
• Last rent receipt
• Last property tax or title deed
• Certificate of home insurance less than 3 months old

The guarantor is a legal entity

The guarantor must justify the existence of the legal entity and its legal representative with the following two documents:

• Kbis extract less than 3 months old or signed articles of association
• Identification of the legal representative

Professional activity

The profession of the guarantor must be proven by one or more of the following documents:

• Employment contract or certificate from employer
• Kbis extract from the company for which he/she holds a mandate
• Professional card for self-employed workers
• Extract from the trade register for craftsmen
• Insee identification for the self-employed
• Any other proof of activity

Income

Guarantors ensure their solvency by certifying their income. He/she may therefore be asked to produce one or more of the following documents:

• Last 3 pay slips
• Last tax assessment
• Proof of rental income or investment income
• Proof of payment of an indemnity, social benefit, retirement pension, annuity, scholarship, etc.
• The last two balance sheets for a legal entity

As you can see, anyone can become a guarantor, even retired people or workers without a permanent contract. The solvency of the guarantor is analyzed in the light of all his or her resources, as long as these are justified.

Beware of illegal requests!

Unfortunately, some requests for documents made to your rental guarantor may be illegal. More often than not, these are documents that are not essential to the analysis of the guarantor's file, but that specifically infringe on his or her privacy.

The most common requests relate to :

• Marital status (marriage contract, PACS, divorce decree, etc.)
• Health status (social security card, medical records, etc.)
• Bank accounts (account statements, no-credit certificates, etc.)
• Legal status (extract from criminal record)

Likewise, the quantities of documents listed above must be respected, particularly for proof of identity and address.

Finally, no "deposit cheque" may be paid before the lease is signed.

For these abuses, the landlord is liable to a fine of €3,000 if he or she is a natural person, and €15,000 if he or she is a legal entity. This is an administrative penalty imposed by the prefect.

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In short, since the ALUR law, the documents to be provided by the guarantor for a rental property have been clearly defined. Be vigilant, therefore, to ensure that your file is put together in the best possible conditions for all parties involved.