Many landlords require a guarantor (a parent, a relative) at lease signing to secure rent payments. As renewal approaches, the question arises: is the guarantor still bound? What if they refuse to sign for the next year? The answer surprises most landlords.
This article cleanly separates the lease auto-renewal rule (Article 1941 of the Civil Code of Quebec) from the rules governing suretyship, gives the exact clause to include at signing, and details landlord options if the guarantor refuses to renew.
What is a guarantor (caution) in a residential lease?
A guarantor — caution in Quebec law — is a person who undertakes, toward the landlord, to perform the tenant's obligations if the tenant fails. It is a contract distinct from the lease, governed by Article 2333 and following of the Civil Code of Quebec. In practice, the words endorser and guarantor are often used interchangeably, but Quebec law strictly applies the suretyship regime to residential leases.
- The guarantor commits to the landlord, not to the tenant
- Suretyship must be express (Article 2335 CCQ) — it is never presumed
- The extent of the guarantor's obligation is strictly limited to what the suretyship contract stipulates
- The guarantor cannot be held to more than what is expressly provided
The key rule: the guarantor is NOT auto-renewed
The residential lease auto-renews at term under Article 1941 CCQ. But this auto-renewal does not automatically extend to the suretyship, which is a separate contract interpreted restrictively.
Quebec case law is consistent: absent an express, clear stipulation in the suretyship contract binding the guarantor to future renewals, their obligation ends at the expiry of the lease's initial term.
This rule flows from the restrictive interpretation of suretyship: a guarantor's obligation cannot be stretched beyond what they accepted to guarantee. A 12-month guaranteed lease is a 12-month guaranteed lease — not a perpetual commitment.
Three concrete scenarios
Scenario 1 — The guarantor refuses to sign for renewal
The lease nears its term. The landlord sends an F notice to the tenant for renewal and wants the guarantor to commit again. The guarantor refuses. What follows?
- The lease still auto-renews between landlord and tenant (Article 1941)
- The guarantor is no longer bound for the renewed period (absent an express renewal clause)
- The landlord cannot refuse to renew the lease on this ground alone — the tenant has the right to remain
Scenario 2 — The guarantor wants out after 12 months
If the suretyship contract is silent on renewals and the guarantor notifies their withdrawal at the end of the initial term, their commitment ends. For subsequent terms, the tenant alone is liable to the landlord.
Scenario 3 — The lease renews tacitly, no notice sent
No F notice sent, the lease tacitly renews on the same terms. Is the guarantor still bound? No, unless the suretyship contract expressly provides for it. Tacit renewal of the lease does not tacitly renew the suretyship.
Quick reference table: when is the guarantor bound?
| Situation | Is the guarantor bound? |
|---|---|
| Initial term of the lease (stipulated duration) | Yes — this is the base of the suretyship contract |
| Tacit renewal, suretyship contract silent | No — commitment ends at initial term |
| Tacit renewal, express renewal clause in suretyship | Yes — under the clause's terms |
| Renewal after written acceptance by the guarantor | Yes — for the new period only |
| Rent increase accepted by the tenant alone | No, for the increase portion — guarantor bound only to original amount |
| Assignment or new lease with a new tenant | No — new contract, new suretyship required |
The clause to include at initial signing
For a suretyship to extend to renewals, the contract must expressly provide for it. Clear wording prevents later disputes.
This clause gives the landlord two advantages: (1) the guarantor is presumed bound for renewals; (2) they can only withdraw with written notice, leaving the landlord time to reassess the tenant file and, if needed, exercise TAL recourse before the lease ends.
What to do if the guarantor refuses to renew?
The landlord has no leverage to force the guarantor to stay bound. But several options limit the risk.
- 1Request a new guarantor — another tenant relative willing to sign a new commitment
- 2Request a deposit in a legally permitted form — the classic security deposit is prohibited in Quebec, but one month of rent paid in advance is allowed, and certain bank guarantees can be structured
- 3Reassess tenant creditworthiness — credit bureau, proof of employment, recent references — to decide whether the risk is acceptable without a guarantor
- 4Send a well-prepared F notice at renewal — if the tenant profile is still strong, losing the guarantor is not dramatic; if the profile has weakened, a justified rent increase + TAL documentation allows for adjustment
- 5Document the file for a possible TAL recourse — payment history, written communications, unit condition
Common landlord mistakes
- Believing the guarantor automatically renews with the lease — wrong in most cases
- Accepting a verbal or texted suretyship — it must be express and written
- Having the guarantor sign only on the lease, without a separate suretyship contract detailing their commitment and time scope
- Omitting the renewal clause from the initial suretyship contract
- Increasing rent mid-suretyship without informing the guarantor — for the increase portion, the guarantor is not bound
- Refusing to renew the lease solely because the guarantor withdraws — not a valid ground for non-renewal