The rental guarantee is based on a specific legal mechanism, framed by Article 22-1 of the law of July 6, 1989. Any individual or legal entity can act as a guarantor for a tenant, provided that their commitment is formalized by a written document containing mandatory handwritten mentions under penalty of nullity. The distinction between simple guarantee and joint guarantee determines the actual extent of the financial commitment of the guarantor.
Guarantee Act: Formal Defects Leading to Nullity
The guarantee act must reproduce, in the handwriting of the guarantor, the amount of the rent, the conditions for revision, and the express mention of the duration of the commitment. The omission of any of these mentions renders the act null, releasing the guarantor from any obligation. We observe that this formal requirement is regularly underestimated by private landlords.
In the case of a joint guarantee, the landlord can directly pursue the guarantor from the first unpaid rent, without prior action against the tenant. In the case of a simple guarantee, the owner must first exhaust the recovery options against the tenant (benefit of discussion). Almost all private leases stipulate a joint guarantee.
When two parents sign a single joint guarantee act, each is liable for the entire rental debt, not just half. If the landlord wishes to limit each parent’s commitment to a share, two separate acts must be drafted with separate ceilings. This is a technical point that we recommend checking before signing, including taking the time to consult Smart PAP for the guarantee to compare the available options.
Visale Guarantee 2026: Revised Ceilings and Incompatibility with a Physical Guarantor
Since January 6, 2026, the Visale guarantee has been refocused. The coverage is set for the first three years of occupancy, with a maximum of 36 months of unpaid rent covered in the private sector and 9 months in social housing.
The income ceiling for employees over 30 has been raised to 1,710 euros net per month, and the guaranteed rent ceilings are now differentiated according to the geographical area (Île-de-France or other territories).
A structuring point that most guides omit: Visale is incompatible with a physical guarantor, unless the tenant is a student or apprentice. A landlord benefiting from Visale cannot require a family guarantor in addition. This rule radically changes the decision-making for owners who hesitate between institutional guarantee and parental guarantee.
- Tenant employee under 30: eligible for Visale without income conditions, but the landlord then waives the request for a physical guarantor.
- Tenant employee over 30: eligible if their net income does not exceed 1,710 euros per month, with the same restrictions on cumulative guarantees.
- Student or apprentice: the only case where Visale can coexist with a physical guarantor, providing double security for the landlord.
Shared Housing and Solidarity Clause: The Trap of a Roommate’s Departure
In shared housing with a single lease, the solidarity clause binds each roommate and their guarantor to the full payment of the rent. The departure of a roommate does not immediately release their guarantor. Since the ALUR law, the solidarity of the departing roommate ends six months after their effective departure, provided that a replacement is listed on the lease or that this period has elapsed.
The guarantor of the departing roommate remains engaged during this same six-month period. This mechanism exposes the guarantor to having to cover the entire rent, not just the share of the person guaranteed, as long as the solidarity persists.
If the shared housing is organized with individual leases, each guarantor only covers the rent assigned to their tenant. We systematically recommend checking the structure of the lease before committing as a guarantor for a roommate.
Corporate Guarantor and Alternatives to Relatives
Beyond Visale, private organizations like Garantme offer to substitute for the physical guarantor for a fee representing a percentage of the annual rent. The mechanism differs from the unpaid rent insurance (GLI) taken out by the landlord: here, it is the tenant who pays to obtain an institutional guarantor.
- Garantme and similar services: the tenant pays a fee, and the organization acts as a joint guarantor to the landlord. Quick acceptance, but the cost is borne by the tenant.
- Action Logement (Visale): free for the tenant and the landlord, but subject to eligibility conditions and the ceilings detailed above.
- Employer or bank: a company or bank can theoretically act as a guarantor, but this practice remains marginal and assumes a direct interest (employee in mobility, bridging loan).
The landlord who has taken out a GLI insurance cannot require a guarantor, unless the tenant is a student or apprentice. This principle of prohibition of cumulative guarantees, symmetrical to that of Visale, protects the tenant against an escalation of guarantees.
The choice between a physical guarantor, Visale, and a private organization depends on the tenant’s profile and the landlord’s tolerance. A tenant eligible for Visale has every interest in activating this free option, even if it means that their parents cannot act as guarantors simultaneously. For ineligible profiles, paid guarantee services remain the most direct route when the surrounding support cannot engage.
