Unpaid rent: towards a guarantee paid by the tenant, and no longer by the owner?

Ensemble pour la République MP Annaïg Le Meur wishes to explore the possibility of having unpaid rent guarantees taken out by tenants, and no longer by owners. This would, according to her, make it possible to better monitor unpaid rent.

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Ban on rental of thermal strainers, rent control, surge in property taxes, etc. “The journey of a owner lessor has become complex”conceded MP Annaïg Le Meur, co-author of the recent “anti-Airbnb” law and new president of the National Housing Council, during the congress of the National Real Estate Federation (Fnaim), on December 10 2024. These new regulations and the tax pressure add to the main fear expressed to him by many landlords in his constituency of Finistère, that ofunpaid rent.

A fear that can be overcome by subscribing, by the owner, to an unpaid rent guarantee (GLI), which of course has a cost. According to the rental guarantee specialist Garantme, the cost of an unpaid rent guarantee represents on average between 2.5 and 5% of the annual rent. For example, based on a monthly rent of 500 euros and a guarantee equivalent to 3% of this annual rent, the cost of the latter amounts to 180 euros per year, or 15 euros per month.

GLI, a way to track unpaid rent

“Why is it up to the owner to take out this type of guarantee, when it is the tenant who risks not paying their rent? Why not reverse the charge for the unpaid rent guaranteeby making it weigh on the tenant?asks Annaïg Le Meur. Who believes that “this would relieve the owner of a cost and make the tenant responsible”. The latter could thus see his rental application file more easily accepted, adds a good expert in the sector.

For Annaïg Le Meur, taking out a guarantee for unpaid rent by tenants would have another virtue: “this would allow us to have a monitoring their unpaid debts». A suggestion which is reminiscent of the file of rental payment incidents mentioned at the start of 2020 by the president of Fnaim at the time, Jean-Marc Torrollion, but which never saw the light of day due to its controversial nature . And this, althoughEmmanuel Macron he himself aspired to “sanction bad payers (tenants)” in her program during the 2022 presidential campaign. Annaïg Le Meur, for her part, understands “explore” the possibility of having unpaid rent guarantees paid by tenants. No doubt via “a proposed law”she explains to Capital.

The subscription of GLI by tenants is not widespread in France

In reality, the subscription of guarantees for unpaid rent by tenants already exists in France. The company SmartGarant indicates to Capital proposing such a solution for five years, as “two or three other actors”. A solution that costs the tenant on average 3.9% of the annual rent amountwith a price starting at 15 euros per month, adds the company. While recognizing that its offer, like those of its competitors, remains little known.