The guarantor agreement is a landlord's number-one safety net β and the one that tears most often just when you need it. An act copied from an old template, with no statement of the commitment and no duration, and the whole guarantee collapses in court on the first missed payment. Since the 2022 security-law reform the rules changed: the handwritten statement is no longer mandatory, but the act must still prove the guarantor knew exactly what they were committing to. Here's what a joint-and-several guarantor agreement must contain, how it differs from a simple guarantee, and how to generate it compliant.
Simple vs joint-and-several: don't get it wrong
With a simple guarantee, the landlord must first exhaust action against the tenant before turning to the guarantor β the "benefit of discussion". That costs you months.
With a joint-and-several guarantee, that benefit is waived: from the first unpaid rent you can claim directly from the guarantor. It's the most protective and most-used form, especially for students and young professionals.
What the act must contain
For a residential lease under the 6 July 1989 Act, the guarantor agreement must show:
- 1. The parties' identities β guarantor, landlord, and the tenant whose debt is guaranteed.
- 2. The rent amount and revision terms β indexed to the IRL index.
- 3. The type of guarantee β simple or joint-and-several, explicitly.
- 4. The duration of the commitment β fixed (e.g. the lease term and its renewals) or open-ended.
- 5. The awareness statement β expressing that the guarantor knows the nature and extent of the commitment, with the guaranteed amount in figures and words.
- 6. A copy of the lease β given and annexed to the act.
Fixed or open-ended duration?
If the act sets a fixed duration (for example "the initial lease term and its two renewals"), the guarantor is bound until it ends and cannot withdraw earlier.
If the duration is open-ended, the guarantor may terminate at any time β but termination only takes effect at the end of the current lease. Always state the duration: its absence weakens the act.
Generate the act with the lease, not beside it
A standalone, hand-copied guarantor act is the number-one source of disputes. The safest approach is to produce it at the same time as the lease, with matching amounts and the contract annexed. The free lease generator captures the guarantor and their relationship to the tenant, carries over the rent and revision terms, and produces a consistent ready-to-sign set. See also our compliant lease template.
Generate your lease and guarantor agreement for free, with wording up to date with the 2022 reform. Ready-to-sign PDF, no signup.
Frequently asked questions
What is a joint and several guarantor agreement in France?
It's the written undertaking (acte de cautionnement) by which a person (the guarantor, or caution) agrees to pay the rent and charges if the tenant doesn't. In a joint-and-several guarantee (caution solidaire), the landlord can claim payment directly from the guarantor on the first missed rent, without first pursuing the tenant or splitting the debt between several guarantors.
Is the handwritten statement still mandatory?
Since the security-law reform that took effect on 1 January 2022, the full handwritten statement is no longer required. The act must still include, under the guarantor's signature, a clear statement of the guaranteed amount (in figures and words) and of the guarantor's awareness of the nature and extent of the commitment. A poorly drafted act can still be voided.
Simple vs joint-and-several guarantor: what's the difference?
With a simple guarantee, the landlord must first pursue the tenant before turning to the guarantor (benefit of discussion). With a joint-and-several guarantee that benefit is waived: the landlord can claim directly from the guarantor. The joint-and-several form is the most protective for the landlord and the most common.
What must the guarantor agreement contain for a residential lease?
For a lease under the 1989 Act, the act must state the rent amount and its revision terms, the duration of the guarantor's commitment, and the guarantor's awareness of the extent of the commitment. A copy of the lease must be given to the guarantor. Otherwise the commitment can be challenged.
How do I get a compliant guarantor agreement for free?
By generating the lease with the free FacturZen generator: the guarantor and their relationship to the tenant are entered in the contract, and the guarantor agreement is produced with up-to-date wording. You get a ready-to-sign PDF, no signup.
Read next
Free Residential Lease Template for France (2026, Compliant)
Most free French lease templates online are outdated: missing habitable surface, rent-control mentions, or IRL revision terms. Here are the mandatory clauses and annexes of a compliant unfurnished lease under the 1989 Act, the mistakes to avoid, and how to generate an up-to-date lease for free.
ReadRental Charges Reconciliation in France: Method & Example
Collecting provisions without ever reconciling means losing money or risking a contestable catch-up. Here's the annual 4-step method, a worked example, the provisions-vs-fixed-package difference, and the 5 mistakes that make a reconciliation contestable.
ReadTenant Notice Letter France: Periods & Template 2026
A notice served in the wrong form β by email, with missing details, or with the wrong start date β does not run in France. Here are the statutory periods (3 months or 1 month), what the letter must contain, the only valid delivery method, and the 3 mistakes that restart the clock.
Read