Deed of guarantee: free template
Create a compliant deed of guarantee to secure your rental: simple or joint-and-several surety, guaranteed amount, term. Ready-to-complete and sign, no sign-up and no data stored.
The deed of guarantee: what the law says
A guarantee (cautionnement) is the commitment by which a person (the guarantor) undertakes to pay the landlord should the tenant default. For a residential lease it is governed by article 22-1 of French law no. 89-462 of 6 July 1989 and by articles 2288 ff. of the Civil Code.
Since the reform of security interests (ordinance no. 2021-1192 of 15 September 2021, effective 1 January 2022), the guarantor must still personally affix, on pain of nullity, a statement of the rent amount, its revision terms and their understanding of the nature and extent of the commitment (article 22-1 of the 1989 Act, article 2297 of the Civil Code). Since the ELAN Act it no longer has to be handwritten and may be affixed electronically; the guaranteed amount must appear in words and figures. The deed must also clearly state the nature of the guarantor's commitment, failing which it is void (article 2297 of the Civil Code).
A distinction is made between a simple guarantee (the landlord must first pursue the tenant) and a joint-and-several guarantee (the landlord may claim directly from the guarantor). The commitment may be for a fixed or an indefinite term; in the latter case the guarantor may terminate it subject to notice. A copy of the lease must be given to the guarantor.
Guarantee and rent-arrears insurance (GLI)
Whether the rental is unfurnished or furnished, the landlord cannot combine rent-arrears insurance (GLI) with a deed of guarantee, unless the tenant is a student or apprentice (article 22-1 of the 1989 law). Before asking for a guarantor, check whether your tenant file qualifies for GLI: it covers unpaid rent without involving a relative of the tenant.
This generator produces a ready-to-sign deed reproducing the required statements. The information entered is neither stored nor shared. Keep the signed deed with the lease: it is essential to call on the guarantor in the event of unpaid rent.
Frequently asked questions
What is the difference between a simple and a joint-and-several guarantee?
With a simple guarantee, the landlord must first pursue the defaulting tenant before turning to the guarantor. With a joint-and-several guarantee, the landlord can claim payment directly from the guarantor, without any prior action against the tenant. The joint-and-several guarantee is the most common in residential lettings.
Must the guarantor write a handwritten statement?
Not necessarily by hand: since the ELAN Act the deed may be signed electronically, but the guarantor must still personally affix the statement on the rent, its revision and the nature and extent of the commitment. The deed must, however, clearly state, in words and figures, the guaranteed amount and the nature of the commitment, failing which it is void (article 2297 of the Civil Code).
Can a deed of guarantee and GLI be combined?
For both unfurnished and furnished rentals, combining rent-arrears insurance with a guarantee is prohibited, except for a student or apprentice tenant. In practice, choose one or the other: GLI avoids having to involve a relative of the tenant.
Does the deed of guarantee have a limited term?
The commitment may be for a fixed term (it ends on the agreed date) or indefinite (the guarantor may then terminate it subject to notice, the commitment running until the end of the current lease). The term must be stated in the deed.
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