When you want to get housing as a tenant, the search for a deposit is inevitable. As a simple bond or a joint bond, the guarantor is one of the conditions that favor the acceptance of a rental file. That said, it is possible to withdraw from his commitment. Here we explain how to proceed, what information to indicate and what letter to write if you no longer wish to hold security for a tenant.
Article plan The role of
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- the guarantor: to be surety
- Withdraw from his engagement as guarantor
- Surety on an indeterminate lease
- Surety on a fixed-term lease
- Single surety and several
- Model of letter of termination of a bail
- Make an appeal to a real estate lawyer in case of litigation!
Plan de l'article
The role of the guarantor: to wear bail
A surety person will not only be a guarantee to a landlord that the rent will be paid, but it also represents the relationship of trust that must exist between a tenant and the landlord. The responsibilities of the guarantor are framed. If all conditions are met, the person being surety is then liable to the landlord , in case of unpaid by the tenant. The rents, charges and repairs are then attributable to the guarantor.
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Withdraw from your commitment as guarantor
Whether on a simple deposit or on a joint and several security, the surety can withdraw from his commitment to the tenant and the lessor. Everything will then depend on the duration of the commitment .
Security deposit on an indefinite lease
If the bond is for an indeterminate period, the guarantor must wait until the end of the first lease to indicate his wish to withdraw. The termination of the first lease technically and legally signs the expiration of the bond . Then he can indicate his wish at any time. The guarantor means the withdrawal of his security by registered letter with acknowledgement of receipt.
Deposit on a fixed-term lease
If the guarantor’s commitment as a surety is for a fixed term, the guarantor may not disengage before the end of the commitment. However, it is possible to terminate the bond in certain cases provided for by law. These include: the death of the tenant, the divorce of spouses tenants, the death of the guarantor.
Note : a guarantor remains liable for the tenant’s debts until the current lease expires. For example, if the lease was signed for three years and the guarantor who has been surety sends a registered letter with acknowledgement of receipt signifying his disengagement, it remains guarantor of the tenant’s debts for the next 2 years, until the end of the lease.
Single bond and joint security
It is essential to understand the responsibility of the guarantor vis-à-vis the lessor and the tenant:
- A guarantor as a simple bail will only be required to pay the sums due after the lessor has sent the tenant a command to pay, without success;
- A guarantor in joint security is obliged to pay from the first unpaid of the tenant. Think about it before you bail yourself.
Template Letter of Termination of a Bail
Requesting and serving the termination of a deposit is a strong act. This request must be sent to the owner by registered letter with acknowledgement of receipt. It is useful to attach a copy of the initial bail .
Here is a template for a letter of termination of a security deposit:
Indicate the name, first name, address, email, title, name and surname of the lessor, address of the lessor, place and date of the letter, subject matter (termination of bond).
I hereby inform you of my decision to terminate my undertaking as surety.
I entered into a bond on the day in order to guarantee the rental debts of , concerning the housing of which he or she is a tenant under a lease signed on on .
I remind you that in accordance with the provisions of Article 22-1 of Law No. 89-462 of 6 July 1989, this termination will take effect at the end of the aforementioned lease, namely on .
Wishing you welcome this, please acknowledge , the expression of distinguished greetings.
Make a call to a real estate lawyer in case of litigation!
The real estate agency or the owner doesn’t want to hear anything. It is impossible for you to disengage, whereas for you, you seem to be within your rights. You should hire a real estate lawyer to solve the problem. Be aware that it will be able to help you with any other real estate dispute. In any case, if you need such services, it is better to choose a specialized lawyer, as this requires special skills.
To find a real estate lawyer who practises in your sector, we advise you to look at the justifit website.
- You will be able to select the area of specialization you are interested in, and as far as you are concerned, real estate law.
- It will also be possible for you to Target your lawyer based on his or her place of practice.
- If you want to deal with a professional with a minimum of experience, this may also be part of your criteria.
- If you can’t get around, because you can’t find a specialist lawyer near you or because you have a busy schedule, you can select the lawyers who offer video consulting.