Tenant's guarantor not paying in France: what to do

When the tenant stops paying, the person who stood guarantor (caution) undertook to pay in their place: that is the very definition of a guarantee under article 2288 of the French Civil code. A joint guarantor (caution solidaire) can be called on from the first missed rent, preferably by registered letter with acknowledgment of receipt; a simple guarantor (caution simple) only once the tenant has been pursued. If you have a commandement de payer served (the formal demand delivered by a commissaire de justice, France's court enforcement officer), it must reach the guarantor within fifteen days, or the guarantor owes neither penalties nor late interest (article 24 of the law of 6 July 1989).

This guide is part of our Unpaid rent in France: what to do, step by step series.

Simple or joint: what your deed says#

A French guarantee is simple or joint (article 2290 of the Civil code). The difference matters the day you claim:

	Simple guarantee	Joint guarantee
When to call on it	After pursuing the tenant, if they cannot pay	From the first missed rent
Bénéfice de discussion (forcing you to pursue the tenant first)	Yes	No (article 2305)
In practice	Commandement de payer to the tenant first	Registered letter to the guarantor from the first month

The guarantee deed (acte de cautionnement) settles it. Read it before doing anything: the statement written by the guarantor must say whether they give up the bénéfice de discussion. If that statement does not say so, the guarantor keeps it, even if the rest of the deed speaks of joint liability (article 2297).

Check that the deed holds#

An irregular deed is worth nothing, and the guarantor or their lawyer will spot it. The conditions come from the Civil code and article 22-1 of the 1989 law:

Point to check	If missing
The individual guarantor wrote personally that they undertake to pay what the tenant owes, up to an amount in words and figures (if they differ, the words prevail)	Commitment void
The deed states the rent and its revision terms as in the lease	Guarantee void
The deed reproduces the paragraph of article 22-1 on ending a guarantee with no fixed term	Guarantee void
You gave the guarantor a copy of the lease	Guarantee void
You had no rent guarantee insurance or other guarantee, unless the tenant is a student or apprentice	Guarantee void

French law also forbids refusing a guarantor because they are not French or do not live in metropolitan France. If the deed sets no term, the guarantor can end it; the termination takes effect at the end of the current lease term. They remain liable for debts incurred before.

Claiming from the guarantor#

Service-Public, the French government's information site, advises writing to the guarantor by registered letter with acknowledgment of receipt, which becomes your proof (page on the tenant's guarantor, in French). The letter states the amount due, month by month, with the statement attached. Tell the guarantor early: an informed guarantor often pushes the tenant to pay.

The duty to inform. The Civil code requires a "professional creditor" to tell an individual guarantor each year before 31 March how much is still owed, and to report the first unremedied payment incident within the month, or lose the interest and penalties for that period (articles 2302 and 2303). As we read it, whether a private landlord counts as a professional creditor depends on the case: inform the guarantor within those deadlines anyway. It costs nothing and protects you.

The commandement de payer, served within fifteen days#

If the debt is still unpaid, the commandement de payer served on the tenant must be served on the guarantor within fifteen days of being served on the tenant. Otherwise the guarantor cannot be held to penalties or late interest. They still owe the debt itself. Give the commissaire de justice the guarantor's details together with the lease.

What the guarantor can, and cannot, raise#

The guarantor can raise every defence that belongs to the tenant and concerns the debt itself: rent already paid, a wrong statement. But they cannot rely on the legal or court measures the tenant obtains because of their default, unless a text says otherwise (article 2298 of the Civil code).

Service-Public confirms it for over-indebtedness: even if the tenant has filed for surendettement, the guarantor still owes the arrears already incurred. For their part, a guarantor in difficulty can ask the local judge (juge des contentieux de la protection) for time to pay, then file for surendettement themselves.

Worked example#

Rent of €700 plus €50 of charges, so €750 a month. The tenant did not pay February, March and April 2027: €2,250 owed. The guarantor, a relative of the tenant, signed a valid joint deed.

Date	Step
10 February 2027	Registered letter to the guarantor: €750 due
15 April 2027	Commandement de payer served on the tenant (€2,250)
30 April 2027	Last day to serve the commandement on the guarantor
27 May 2027	Six weeks over, debt unpaid

If the guarantor pays the €2,250, you are settled. If not, you can have them summoned to pay before the judge by a commissaire de justice. Had the commandement reached them only on 5 May, they would still owe the €2,250, but not the late interest.

Three years to act#

All claims arising from a lease are time-barred after three years from the day the holder of the right knew or should have known the facts (article 7-1 of the 1989 law). Rent unpaid in February 2027 must therefore be claimed in court before February 2030. The rest of the procedure against the tenant is in Lease termination clause in France: when it applies and Evicting a tenant in France: steps and real delays.

Sources#

• Articles 2288 to 2320 of the Civil code, guarantees (Légifrance, in French)
• Article 22-1 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
• Article 24 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
• Article 7-1 of law no. 89-462 of 6 July 1989, time limit (Légifrance, in French)
• The tenant's guarantor in a private rental, Service-Public (in French)

Last checked on 9 November 2026