Joint and several deposit: what happens in case of unpaid rent?
Summary
- What is unpaid rent?
- What is a deposit? What is a joint and several guarantee?
- Can I use the joint and several deposit in the event of unpaid rent?
- What if the joint and several guarantor rejects the payment?
Indeed, it is possible to use the joint and several deposit in case of unpaid rent. Someone who signs a joint and several surety deed thus becomes liable for the rental debt in the same way as the tenant.
What is unpaid rent ?
Rent is considered unpaid when payment is not made on the date set out in the lease.
According to the Caisse d'Allocations Familiales, the rent is considered unpaid when the debt exceeds more than two months' rent excluding charges (before deduction of aid).
What is a deposit? What is a joint and several guarantee?
A surety guarantees the tenant by committing to settle his debts throughout the duration of the rental.
Please note:
- Being surety is an important commitment, formalized by an act of suretyship. If your surety does not repay the rental debts, his property and income may be seized.
- There is an alternative to a physical deposit: the Visale device which allows to guarantee certain categories of tenants.
- The deposit is different from the security deposite
> There are two types of surety: the simple surety and the joint and several surety.
- In the case of a simple surety, the lessor claims payment of the debts to the tenant by bailiff, before calling on the surety.
- In the case of joint and several surety, the lessor may appeal directly to the surety to settle the unpaid.
Can I use the joint and several deposit in the event of unpaid rent?
Yes indeed, it is possible to use the joint and several deposit in case of unpaid rent. Someone who signs a joint and several surety deed thus becomes liable for the rental debt in the same way as the tenant.
Thus, the lessor has every right to address the tenant or the guarantor indifferently. From the first euro unpaid, the guarantor is liable.
What if the joint and several guarantor rejects the payment?
- Remind the guarantor, as well as the tenant, with a formal notice by registered mail AR. The owner may demand payment within a defined period.
- Issue a payment order: If on the date indicated, this is still not settled, it is quite possible to call a bailiff to issue a payment order (within 2 months). In the absence of payment, proceedings before the judge will be initiated.
- Summons the surety for payment: In some cases, the order to pay does not succeed and the lessor must seize the court. For unpaid invoices of less than €10,000, the summons to appear will be within 15 days before the District Court, both for the joint and several surety and for the tenant.
- It is possible to use the joint and several deposit in case of unpaid rent.
- Someone who signs a joint and several surety deed thus becomes liable for the rental debt in the same way as the tenant.
- Rent is considered unpaid when payment is not made on the date set out in the lease.
- According to the Caisse d'Allocations Familiales, the rent is considered unpaid when the debt exceeds more than two months' rent excluding charges.
- If the joint and several surety rejects the payment, 3 steps are within the reach of the owner: relaunch with a formal notice, issue a command to pay and assign the deposit (and the tenant) in payment.
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Posted on 01/09/2023 by
Andy LECUYER
