What are the types of deposit as part of a rental?
A deposit is a legal guarantee granted to a creditor in order to ensure the payment of a debt. In the rental field, a third party called a deposit undertakes for the benefit of a beneficiary, here the tenant, towards the lessor to guarantee the settlement of any rental debts.
There are two types of deposit:
Let us see what each of these types of deposit covers.
What is a simple deposit?
The deposit undertakes to pay the rent rent under certain conditions
As part of the simple surety, the surety undertakes the lessor to settle the amount of rents and rental charges in place of the tenant. However, this commitment can only take effect under certain conditions.
The guarantor pays the rent in the event of insolvency of the tenant
Mainly, the surety can only be forced to pay the debt after the tenant’s breach of his obligations. She can therefore demand that the main debtor be prosecuted before her: this is the discussion benefit. In fact, the owner must first get closer to his tenant. He made him deliver by a bailiff a command to pay, by copying the guarantor. If this approach remains without effect, the owner can then turn to the guarantor in order to claim the settlement of unpaid rents.
Division benefit in the event of multiple guarantees
If several sureties exist, they can also impose on the creditor to divide his action between all the sureties for each up to what they are committed to. In this regard, we are talking about a division profit.
What is a solidarity deposit?
With the united deposit, the guarantor can be called upon for payment from the first incident and without the tenant himself being put in notice to pay. Ditto in the event of plurality of sureties: the deposit called to payment cannot require that the proceedings be divided. To characterize this situation, it is said that the solidarity surety has neither the benefit of discussion nor division.
What difference between simple and united deposit?
The main difference lies in the effects of these two types of guarantee for the person who guarantees. In the first case, the guarantor may demand from the creditor that he first pursues the main debtor, the tenant. He can also ask that all potential sureties be continued at the same time as it. In the second case, the solidarity deposit has no benefit to oppose the creditor in the event of unpaid. It must settle the debtor’s debt from the first request.
Can there be multiple guarantees?
There may be multiple guarantees. Asking for several sureties can be an additional security guarantee for the creditor. Having several sureties can also make sense as part of a roommate, each roommate justifying a personal guarantor.
How to ask for a deposit act from the tenant?
Make the request as soon as the rental is announced
The deposit request comes at several times. It can be made upon the announcement of rental of the property in the ad. It can also intervene later after visits, when the rental files are made up.
Ask the tenant to provide supporting documents to the file
In both cases, it is enough to ask the potential tenants that they provide the elements relating to a bond commitment in their file. Under Decree n ° 2015-1437 of November 5, 2015 as for the tenant, only the following documents can be required, namely:
- An identity document
- proof of address
- Proof relating to professional activity
- One or more documents attesting to resources (tax notice, salary slips, etc.).
What should the surety deed contain?
A formal document established in writing by a notary or under private singen
The surety act is a formal document. It must necessarily be established in writing directly between the parties (under private sages) or before a notary (authentic act).
Compulsory mentions
He must contain a number of mentions, especially when the deposit is a natural person (article 2297 of the civil code) ::
- The identity of the deposit, the tenant and the creditor
- The subject of the surety, namely the amount of rents and charges, in letters and figures, due under the rental contract subscribed to the main basis.
- The duration of the deposit (fixed -term with the date / indefinite duration)
- The commitment of the deposit to the payment of rental debts
- The nature of the surety: simple or united with mention of knowledge of the provisions of article 2297 of the Civil Code relating to the benefit of discussion and the benefit of division
What is the best deposit to ask a tenant?
Between simple deposit and united deposit, the best choice for the owner is the second. The solidarity deposit is indeed more easily mobilized than the simple deposit. This type of deposit makes it possible to call on the guarantor from the first failure and without the latter being able to oppose a profit or payment period.
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