Par Hélène Baratte le 10/3/2011 | Theme : Regulations
The person acting as guarantor may not withdraw their guarantee before the end of the tenancy,
however the guarantee document may make provision for certain events to cancel the guarantee: divorce or death of the debtor for example.
If the guarantee document does not state a date or indicate the term of the lease, the guarantee is open-ended.
The guarantor may terminate an open-ended guarantee at any time but the engagement only comes to an end after the expiry of the current lease, whether it is the initial lease or a renewed or extended lease, during which time the landlord will have received notification of the termination from the guarantor,
if the type of tenancy is governed by the law of 6 July 1989 aimed at improving relations between tenants and landlords:
“rental of property for use as a main place of residence
or mixed use as a place of work and main place of residence,
as well as garages, parking places, gardens and other premises, let in addition to the main property by the same landlord".
The guarantor will therefore by liable to pay the sums due
until the expiry of the lease.
"The engagement shall only come to an end when the current lease ends,
whether it is the initial lease or a renewed or extended lease": in other words, if the guarantor does not terminate their engagement by registered letter with confirmation of receipt before the current lease expires, they remain liable until the end of the period following the current lease:
until the end of the renewed or extended lease.
N.B.:If the type of tenancy is not governed by the law of 1989,
the guarantor may terminate at any time,
with termination becoming effective upon receipt of the registered letter with confirmation of receipt.
In principle, the engagement of the guarantor comes to an end:
- on the expiry date set out in the guarantee document, in the case of a fixed-term guarantee,
- upon the expiry of the lease during which the guarantor terminated their engagement, in the case of an open-ended guarantee
- upon the tenant repaying the debt in full,
- upon the death of the tenant, when the lease agreement expires with them,
- upon the death of the guarantor, when the guarantee document makes provision for this. Otherwise the guarantor’s heirs are in principle obliged to pay.
N.B.: According to the Court of First Instance in Paris, non-renewal of the guarantee may constitute legitimate and serious grounds for serving notice on the tenant six months before the end of the lease, when there is a clause stating that the tenant is required to provide a new guarantee in the event of termination of the guarantee.
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