You sign a lease and the landlord requires a guarantor. The guarantor agrees to pay the rent in case of tenant default. But up to what amount, exactly? The answer is not found in any official scale: it is the guarantee deed itself that sets the ceiling. And since a recent reform, this ceiling must necessarily appear in the document, under penalty of nullity.
Guarantee deed: what the 2022 reform changed for the guarantor
Before 2022, a guarantor could sign a joint guarantee deed without the document mentioning a specified limit. The risk was real: the guarantee could cover considerable amounts, sometimes without the guarantor realizing the extent at the time of signing.
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Since January 1, 2022, Article 2297 of the Civil Code imposes a clear rule. Any guarantee deed signed by a natural person must include a statement indicating the limit of the commitment in principal and accessories. This limit must be stated in both numbers and words.
If this statement is missing, the deed is null. The landlord then loses all possibility of turning against the guarantor in case of non-payment. To understand in detail the maximum amount for a joint guarantee, one must start from this legal framework that protects both the guarantor and the landlord.
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Joint guarantee in rental: why there is no unique legal ceiling
Contrary to what some articles may suggest, the law does not set a standard threshold for the maximum amount of a joint guarantee in residential rental. No multiple of the rent imposed, no official scale.
The amount is freely determined in the guarantee deed. The landlord and the guarantor agree on a ceiling that must be consistent with the actual rental risk. This risk includes several items:
- Unpaid rents and charges over the foreseeable duration of the lease, including any late payment interest
- Costs for restoring the property in case of damages attributable to the tenant
- Legal fees if the landlord must initiate a collection action
In practice, a landlord often sets this ceiling taking into account the duration of the lease and the amount of rent including charges. A commitment equivalent to several months of rent is not prohibited, but it must remain proportionate.
Can an excessively high amount be contested?
The law does not prohibit a high amount, but a judge may reclassify a guarantee that is manifestly disproportionate to the guarantor’s income. This principle of proportionality protects individuals who would commit beyond their financial means.
A guarantor cannot be held beyond the amount stated in the deed. If the tenant’s debts exceed this ceiling, the landlord bears the difference. This mechanism encourages the landlord to set a realistic amount from the outset.
Shared accommodation and joint guarantee: the trap of the commitment duration
In shared accommodation with a single lease, the question of the maximum amount is coupled with a problem often overlooked: the duration during which the guarantor remains committed after the departure of the tenant they guarantee.
A tenant leaves the property and gives notice. Their guarantor logically thinks that their commitment ends. This is not always the case. The guarantor may remain liable for up to six months after the tenant’s notice, or until the arrival of a replacement listed on the lease, depending on the applicable regime.
During this period, the guarantor remains exposed to the maximum amount provided in the deed. In practice, if the other tenants stop paying after the departure of the one they guaranteed, the landlord can turn against them within the limit of the contractual ceiling.
How to limit this risk?
The guarantor of a tenant should check two elements in the deed before signing:
- The clause specifying the end of their commitment in case of departure of the guaranteed tenant
- The maximum amount, which must be calculated considering the tenant’s share and not the total rent of the property
- The possible mention of a solidarity clause among tenants, which can extend the guarantor’s responsibility beyond just their tenant’s share
Demanding a clear limitation in the guarantee deed remains the best protection for the guarantor in shared accommodation.
Drafting a valid joint guarantee deed: the mentions not to forget
A poorly drafted guarantee deed exposes the landlord to a refusal of coverage by the guarantor. Here’s what the document must contain to be legally enforceable.
The maximum amount of the commitment must appear in numbers and in words, in accordance with the requirements of Article 2297 of the Civil Code. This dual mention avoids any ambiguity in case of dispute.
The deed must specify the nature of the guarantee (joint or simple), the identity of the tenant, the address of the concerned property, and the duration of the commitment. For a residential lease, the guarantor must also receive a copy of the rental contract at the time of signing.
Joint guarantee or simple guarantee: a significant difference
With a simple guarantee, the landlord must first pursue the tenant before seeking the guarantor. With a joint guarantee, the landlord can demand payment from the guarantor from the first unpaid rent, without going through the tenant. This difference justifies that the joint guarantor is particularly attentive to the maximum amount stated in the deed.
The choice between these two forms of guarantee directly influences the level of financial risk for the guarantor. The majority of landlords prefer the joint guarantee, which is more protective for them.
Before signing, the guarantor has the right to request a modification of the proposed maximum amount. There is no obligation to accept the landlord’s initial figure. A guarantee deed is negotiable, even if common practice leaves little room for discussion in tight rental markets.