Location Avec Garant Template for France

When renting property in France, you may encounter situations where additional security is required beyond standard lease agreements. A Location Avec Garant provides this security by including a third-party guarantor who assumes financial responsibility if the tenant defaults on their obligations. This arrangement protects landlords while enabling tenants who might otherwise struggle to secure rental accommodation to access the housing market.

When do you need this document?

You need a Location Avec Garant when standard rental criteria aren't met or when additional security is desired. Students renting their first apartment often require parental guarantors since they lack sufficient income or credit history. Young professionals starting their careers may need guarantors to compensate for limited work history or modest salaries. International tenants without French credit records frequently use guarantors to demonstrate financial backing. Property owners may also request guarantors for high-value properties or when renting to tenants with variable income streams like freelancers or seasonal workers.

Key legal considerations

The guarantor's commitment extends beyond simple rent payment and includes charges, potential property damage, and legal costs associated with tenant default. Under French law, the guarantee can be either simple (garant simple) where the guarantor is only liable after the landlord pursues the tenant, or solidary (caution solidaire) where the landlord can directly pursue the guarantor. The Loi ALUR 2014 introduced important protections, capping guarantor liability and prohibiting certain abusive clauses. The guarantor must receive clear information about their obligations and has the right to limit their commitment to specific amounts or time periods. Any modifications to the original lease that increase the guarantor's liability require their explicit consent.

Legal requirements in France

French law under the Loi du 6 juillet 1989 mandates specific provisions for guaranteed rental agreements. The contract must clearly identify all parties including full details of the guarantor and specify the exact nature and extent of their commitment. The guarantee clause must be handwritten by the guarantor with the phrase "bon pour caution" followed by the guaranteed amount in words and figures. The Code Civil Article 2288-1 requires explicit mention of the guarantor's obligations including rent, charges, damages, and renewal conditions. The guarantee automatically terminates when the lease ends unless explicitly renewed. For furnished rentals, different rules apply under the Code Civil, and the guarantee duration may be limited. Property owners cannot require both a guarantor and excessive security deposits, as regulated by current legislation.