The drafting of the deed of guarantee under the lease agreement
The application of a surety to the tenant (s) is part of the protection mechanisms of the lessor. As such, it can not cumulate the request for rental deposit with other insurance mechanisms (unpaid rent insurance in particular). At the time of writing the lease, the lessor will check whether he has the right to ask for a deposit. In this case, to be valid, the bond of surety, otherwise known as the surety bond, must imperatively contain a certain number of obligatory mentions which must be reproduced in a handwritten manner by the surety. Discover our model of bonding act.
Guarantee deed: mandatory information
As many acts of surety as sureties
Legally, there is no maximum number of deposits per tenant. The landlord may require a tenant to provide more than one surety, especially if he considers that the solvency of the surety is insufficient. It will then be necessary to sign each act of surety bond.
The particulars to appear on the deed of suretyship
The act of guarantee must imperatively identify:
- the deposit (last name, first name, address);
- the underlying lease agreement specifying the duration;
- the amount of the rent;
- the conditions the revision of the rent as well as the tenant (s) for which it stands surety.
But unlike the lease, it can not be signed electronically because the surety must reproduce by hand certain additional mandatory information (Art 22-1 of the law of July 6, 89): “The person who stands surety shall, prior to his signature, precede the handwritten reproduction of the rent and the conditions of its revision as they appear in the rental agreement, of the handwritten mention expressly and unequivocally expressing the knowledge that it has the nature and extent of the obligation it contracts and the handwritten reproduction of the preceding paragraph. […] These formalities are prescribed under penalty of nullity of the bond. “
Handwritten information to be included in the deed of guarantee
The surety must copy by hand the following paragraph of the law of 89: “Where the bond of obligations resulting from a lease concluded under this title does not contain any indication of duration or where the duration of the security is stipulated indefinitely, the surety may terminate it unilaterally. The termination takes effect at the end of the lease, whether it is the initial contract or a renewed or renewed contract, during which the lessor receives notice of the termination. ” It is therefore impossible to sign an act of guarantee online, unlike the electronic signature of the lease which is legally valid.
Where to find a model bonding document?
You can obtain the surety bonds ready to be completed and signed at the same time as your lease contract, using our online form. All you have to do is fill in the details of the deposit in the section “Rental security” and indicate which deposit will guarantee which tenant. You will find all the practical information in the video below.
To find out more: In which cases can the landlord ask the tenant for a deposit?