Simple or Joint Guarantee: Which Option Should You Choose When Renting Out Your Property?

Before handing over the keys to a tenant, every landlord seeks protection against unpaid rent. Two main options are available: the simple guarantee (caution simple) and the joint and several guarantee (caution solidaire). These two types of guarantees offer different levels of security — and involve different procedures.

Understanding the Rental Guarantee

Requesting a guarantee from a tenant means that a third party agrees to pay the rent, charges, or repair costs in case the tenant defaults. This guarantor — often a relative or close friend of the tenant — provides the landlord with a legal safety net.

As the French National Housing Information Agency (ANIL) reminds us, “A guarantee is a personal commitment to repay the tenant’s debt in case of default.” It should not be confused with the security deposit (commonly but incorrectly called a “caution”), which is a sum of money paid when signing the lease.

1. The Simple Guarantee: A Step-by-Step Process

   With a simple guarantee, the landlord cannot turn to the guarantor immediately after a missed payment. They must first request payment from the tenant — usually through a formal notice issued by a bailiff — before contacting the guarantor.

   If several guarantors are named, the debt is divided among them.This arrangement offers more protection to the tenant, but it can delay the landlord’s recovery process.

2. The Joint and Several Guarantee: Immediate Protection

   The joint and several guarantee allows the landlord to act more quickly. In the event of unpaid rent, they can contact the guarantor directly, without first notifying the tenant.

   This form of guarantee also allows the landlord to claim the full amount of the debt from any one guarantor, even if there are several.However, this can represent a significant commitment for the guarantor, who becomes liable from the first missed payment.

3. Setting Up the Guarantee

The guarantee can be requested at the time of the rental application.It can be drawn up under private signature or before a notary.In all cases, the document must clearly state:

• the names of the tenant, the guarantor, and the landlord;

• the address of the property;

• the duration of the guarantee;

• the scope of the guarantee (rent and charges, with amounts written in words);

• the type of guarantee (simple or joint);

• and the guarantor’s express commitment to cover rental debts.

4. Choosing the Right Option

   While the joint and several guarantee offers stronger protection for landlords, the choice depends on the tenant’s profile and the level of trust between the parties.

   In some cases, a simple guarantee may suffice — for example, when renting to a family member or to a tenant with a solid financial background.

   Ultimately, the goal is to secure the lease within a clear legal framework and ensure that each party fully understands the implications of their commitment.