Published on: 19 December 2022
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Can I change guarantor during the lease?
To obtain a rental property, you may have to find a guarantor. A guarantor is the person who stands surety in the event of difficulties in paying rent. It is possible that the latter nevertheless wishes to retract during the lease or that you yourself wish to change guarantor. What to do in this case ? Can a guarantor opt out? What are the legal terms of this change? Studapart explains everything you need to know about this situation!
Is it possible to change guarantor?
When someone acts as guarantor for your accommodation, they sign a surety bond. The deed of surety contains certain legal notices which will determine the possibilities of changing or not changing the guarantor during the lease. Among these mentions, we find: the guaranteed amount and the duration of the commitment. The duration of the commitment is a determining factor in the possibility given to the guarantor to terminate his suretyship.
To change guarantor, you must in principle wait for the expiry date of the lease. Nevertheless, the guarantor may seek the owner's express agreement to terminate a bond deed. The owner can then decide whether or not to accept his request. If he accepts, however, he risks finding himself with accommodation rented to the same tenant but this time, without any guarantee. Under these conditions, he could consider not renewing the lease.
What is the duration of a guarantor's commitment?
In case of deposit, a guarantor is committed until the end of the rental contract. However, the duration of the guarantor's commitment may vary depending on the type of surety. There are two types of sureties: the simple surety and the joint and several surety. The joint surety bond may or may not indicate the duration of your guarantor's commitment. If the guarantee has a term, the guarantor cannot legally withdraw before the date of this term.
If the guarantee does not indicate a precise expiry date, the guarantee deed is considered to be of indefinite duration. In general, it is said that this act is valid for “the entire duration of the lease and its renewals”. In this case, the guarantor can signify his withdrawal at any time, by simple registered letter AR.
How to find a new guarantor?
To find a new guarantor, first think about the people around you (family, friends, colleagues). When you have found a new guarantor, you will need to write an amendment to the lease. This endorsement must be signed by the owner and the tenant.
However, it may happen that you are pressed for time and/or that no one accepts this commitment. Indeed, becoming a guarantor is a difficult decision that can have serious consequences. In this case, there are other possibilities to find a new guarantor.
Check with your bank. Your bank can issue you a bank guarantee. This deposit corresponds to one year's rent. You will then have to block the corresponding sum in an account. Usually chargeable, this solution can be useful in your rental project.
Choose the Guaranteed Profile with Studapart
To optimize your chances of obtaining rental accommodation, Studapart offers you a Guaranteed Profile. The Guaranteed Profile is a tool set up in partnership with the Allianz company to certify the solidity of your file and thus reassure the landlord about rent payments.
Concretely, when you obtain the Guaranteed Profile, a badge appears on your profile next to your name. It tells landlords that your profile has been checked and validated by Studapart, which then acts as guarantor for you throughout the duration of your rental.
Once the service is activated, your Guaranteed Profile remains active for 6 months. Thanks to the Guaranteed Profile, you increase the chances that landlords will respond to you and you will be able to find accommodation much faster, on average 3 times faster!