Rental Guarantor: Everything You Need to Know

Serena

August 17, 2018

Rental Guarantor: Everything You Need to Know

When signing a rental lease, it is common for the landlord to ask the tenant to provide a guarantor. Also known as a “caution” in French, this physical guarantor is a person who commits to paying the tenant’s debts if they fail to meet their obligations. Therefore, understanding the role of the guarantor is essential to securing a rental agreement.

What is a physical guarantor?

A physical guarantor is a person who signs an agreement to guarantee the payment of rent, charges, or repair costs if the tenant defaults. It may be a parent, a friend, or any trusted individual.

Acting as a guarantor is a legally binding commitment. Indeed, it can have serious financial consequences. The guarantor becomes responsible for the tenant’s rental debts if the tenant fails to pay. Therefore, it is crucial to assess one’s financial capacity before accepting this role.

Who can act as a physical guarantor?

The guarantor must be a legally capable adult with stable income. In practice, landlords often require that the guarantor:

Resides in France
Has a net income at least 3 times the rent
Is not in debt or in a financially unstable situation

Usually, the guarantor is a parent or relative of the tenant. However, choosing a guarantor should be carefully considered, as the responsibilities are significant.

The guarantor agreement: a mandatory signature

To be valid, the guarantor must sign a guarantor agreement (or “act of guarantee”). This document may be:

Included directly in the lease
Established as a separate document

The guarantor agreement must include the following mandatory information:

The amount of the rent and charges
The terms of rent revision
The duration of the commitment (fixed or open-ended)
A handwritten statement from the guarantor confirming they understand the nature and scope of their commitment

👉🏻 Since the ELAN law, the agreement can also be signed electronically, making remote procedures easier.

Can the guarantor withdraw?

Yes, but only in certain cases:

If the duration is fixed, the guarantor remains committed until the agreed end date and cannot withdraw earlier.
If the duration is open-ended, the guarantor may cancel their commitment by registered letter. However, the commitment remains valid until the end of the current lease.

Therefore, it is important to read the guarantor agreement carefully before signing.

Conclusion

The physical guarantor plays an essential role in rental agreements. Indeed, it reassures the landlord and makes it easier for tenants to access housing. In 2025, this commitment remains strictly regulated by law. That is why it is important for both the tenant and the guarantor to fully understand the implications before signing.