Can a guarantor withdraw from a French lease?
A fixed-term French guarantor stays bound until the agreed term; an open-ended one may withdraw, but only from the end of the current lease. The required wording, an example.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read
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Not with immediate effect. A guarantor (caution) bound for a fixed term stays bound until the term in the deed. One bound for an open-ended term may withdraw alone, but it only takes effect at the end of the current lease period, initial, renewed or extended, during which the landlord receives it (article 22-1 of the law of 6 July 1989). Until then, the guarantee runs as before.
Fixed or open-ended
| Guarantee deed | Can the guarantor withdraw? | Bound until |
|---|---|---|
| Fixed term | No | The term written in the deed |
| Open-ended or unspecified | Yes, unilaterally | The end of the lease period in which the landlord receives the withdrawal |
ANIL gives two examples: a six-year fixed-term deed covering a three-year lease and one renewal binds the guarantor for six years, and frees them afterwards if the lease continues without a new deed; a withdrawal sent six months into a three-year lease takes effect only at the end of those three years. An open-ended guarantor who does not withdraw before the term stays bound for the renewed lease.
The deed's wording
Article 22-1 requires, on pain of nullity of the guarantee: the rent and its review terms; a copy of the article 22-1 paragraph on withdrawing an open-ended guarantee; the wording required by article 2297 of the Civil Code, written by an individual guarantor; and giving the guarantor a copy of the lease. Miss one and the guarantee can be annulled. For a flatshare, the deed must also name the co-tenant covered (see a co-tenant leaves: what happens to joint liability?).
Example
A three-year unfurnished lease starts on 1 September 2025. The guarantor, a parent of the tenant, signed a deed with no term, and sends a withdrawal received on 15 March 2026. The guarantor stays bound until 31 August 2028, the end of the current lease, and is freed on 1 September 2028: unpaid rent for December 2027 is covered, November 2028 is not. Had the deed said « for the initial lease and its first renewal, six years », the guarantor could not withdraw and would stay bound until 31 August 2031.
What the landlord can do
- Check the deed: term, wording, copy of the lease handed over. A void deed protects nothing.
- Note the end date of the guarantee.
- Talk to the tenant before the term: a new guarantor, or Action Logement's free Visale guarantee, can be set up for the next period. As we read it, nothing allows imposing a new guarantor mid-lease.
- Do not confuse a guarantor who withdraws with one who does not pay covered arrears: the latter is still bound and can be pursued. To claim from them from the first missed rent, see late rent in France: when and how to chase it.
Insurance or guarantor, not both
A landlord who has taken out insurance covering unpaid rent may not also require a guarantor, on pain of nullity, unless the home is let to a student or an apprentice.
Common mistakes
- A deed with no term: the guarantor can withdraw for the end of each lease period.
- A deed missing the withdrawal paragraph or the article 2297 wording: it is void.
- Not giving the guarantor a copy of the lease: same sanction.
- Thinking a withdrawal frees the guarantor at once.
For the documents a guarantor may provide, see the rental application documents guide.
Have your own case checked
A guarantee stands or falls on its wording. Have yours checked by the local ADIL, which gives free housing advice, or by a French lawyer.
Sources
- Article 22-1 of law no. 89-462 of 6 July 1989, guarantees (Légifrance, in French)
- Article 8-1 of the 1989 law, flatsharing (Légifrance, in French)
- Guarantors and rental guarantees, ANIL (in French)
Last checked on 9 November 2026
Guarantors and guarantee deeds on file
Kivlo records each lease's guarantors and produces the guarantee deed (acte de caution solidaire) PDF, next to the contract and the payment history.
Frequently asked questions
Can a guarantor withdraw during the lease?
Not with immediate effect. A fixed-term guarantor stays bound until the agreed term. An open-ended one may withdraw alone, but it only takes effect at the end of the current lease.
How does an open-ended guarantor withdraw?
By notifying the landlord, ideally by registered letter. It takes effect at the end of the lease period, initial, renewed or extended, during which the landlord receives it.
What must the guarantee deed contain?
The rent and its review terms, a copy of the article 22-1 paragraph on withdrawal, and the wording required by article 2297 of the Civil Code written by the guarantor. The landlord gives the guarantor a copy of the lease. These formalities are required on pain of nullity.
Can the landlord require a new guarantor?
Not during the lease, as we read it. They can discuss it with the tenant, or suggest Visale for the next lease period.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read