A landlord asks your father to act as a guarantor for your apartment. He signs the document without reading the fine print. Three years later, you accumulate unpaid rent, and your father discovers he is liable for an amount he did not anticipate. This scenario frequently arises in rental disputes. The joint guarantee binds the guarantor far beyond what many imagine, and the question of the maximum amount deserves a precise answer.
2021 Ordinance and Article 2297 of the Civil Code: What Has Changed for the Guarantor
Before the reform of security law resulting from the ordinance of September 15, 2021, a guarantee document could remain vague regarding the extent of the commitment. The guarantor sometimes signed without knowing the exact ceiling of their responsibility.
Since the implementation of this reform, the amount of the commitment must be stated in the document in both numbers and words, in accordance with Article 2297 of the Civil Code. This requirement applies to all guarantees, including joint ones. If this mention is missing or remains vague, the landlord risks the nullity of the document.
This point is emphasized because it changes the game on the ground: a document drafted before 2022 using the old forms may become contestable. To delve deeper into the practical implications of this commitment, one can consult the Big Immo website for joint guarantees, which details specific situations where the amount plays a determining role.
Maximum Amount of the Joint Guarantee: Is There a Legal Ceiling?
The short answer: there is no legal ceiling limiting the amount of a joint guarantee in residential rentals. The landlord freely sets the maximum amount stated in the document.
This is a common confusion with the security deposit, which is indeed capped. In unfurnished rentals, the security deposit cannot exceed one month’s rent excluding charges. In furnished rentals, the limit rises to two months excluding charges. These caps do not apply to joint guarantees.
In practice, the landlord can state in the document an amount corresponding to several years of rent, charges, late fees, and repair costs. This is precisely why the mandatory mention of the maximum amount protects the guarantor: it allows them to assess their risk before signing.
What the Stated Amount Actually Covers
The maximum amount in the guarantee document potentially includes:
- Unpaid rent and charges for the entire duration of the lease (including renewals, depending on the wording of the document)
- Late fees and any penalties imposed on the tenant
- Repair costs for the property in case of damages noted upon the tenant’s departure
- Legal fees incurred by the landlord to recover the amounts owed
A guarantor who signs a document stating a maximum amount of twenty-four months’ rent, for example, commits to all of these items within the limit of this contractual ceiling.
Drafting the Joint Guarantee Document: Costly Mistakes
On the ground, disputes are not so much about the amount itself as about how the document is drafted. Strict formalism governs the validity of the guarantee.
Stated in Numbers and Words
The amount must appear simultaneously in numbers and in words. An omission, even partial, can lead to the nullity of the document. We have seen landlords lose all guarantees because the amount was only stated in numbers on a pre-printed form.
Duration of the Commitment
The document must specify whether the guarantee is for a fixed or indefinite duration. For a fixed duration, the guarantor is released at the specified expiration, even if the lease continues. For an indefinite duration, the guarantor can terminate their commitment at any time, but this termination only takes effect at the end of the current lease (including renewals or extensions).
This distinction has direct consequences on the actual amount of the guarantor’s exposure. An indefinite guarantee on a lease that is tacitly renewed can bind the guarantor for a much longer period than initially expected.
Required Supporting Documents from the Guarantor
The list of documents that the landlord can request from the guarantor is strictly regulated. A landlord cannot demand any supporting document. The authorized documents are the same as those required for the tenant’s file (identity document, proof of residence, proof of income). Any request outside this list can be contested.
Joint Guarantee and Visale Guarantee: Two Different Logics
When discussing the maximum amount, the Visale guarantee deserves a separate mention. This system, supported by Action Logement, functions as a guarantee provided by an organization, not by an individual.
Visale covers unpaid rent and charges for a limited time. The landlord benefiting from Visale cannot, in principle, request an additional joint guarantee from an individual. Combining Visale and a joint guarantee from a relative is prohibited, except for students in certain cases.
For an individual guarantor, the fundamental difference lies in the financial risk. With Visale, it is the organization that bears the risk. With a traditional joint guarantee, it is the guarantor who puts their personal assets at stake, within the limit of the amount stated in the document.
Checking a Document Before Signing: Points to Verify
Before committing as a guarantor, some concrete checks can help avoid unpleasant surprises:
- The maximum amount is stated in both numbers and words, and corresponds to a realistic multiple of the rent including charges
- The duration of the commitment is clearly indicated (fixed or indefinite), along with the termination conditions
- The document specifies the joint nature of the guarantee, meaning the landlord can demand payment directly from the guarantor without first going through the tenant
- The guarantor has received a complete copy of the lease to which the document is attached
A guarantor who signs without verifying these elements takes a real financial risk. The solidarity of the guarantee means that the landlord can pursue the guarantor as soon as the first unpaid rent occurs, without prior notice to the tenant.
The maximum amount of a joint guarantee remains a contractual freedom, not a figure set by law. The entire protection of the guarantor relies on the rigor of the document’s drafting and their ability to assess the extent of their commitment before signing.
