When renting a home, some landlords suddenly add one more condition:
“You’ll also need a guarantor.”
Hearing that can make some tenants feel as if they are being doubted or treated as unreliable, and some may even decide not to rent the property at all.
But in reality, a landlord’s request for a guarantor is not something required by law, and a tenant does not have to accept it.
The real question is this: is the landlord asking for a “guarantor,” or a “joint and several guarantor”? Although the two terms sound similar, the legal responsibility is very different.
What Does the Law Say?
Civil Code Article 739:
“A guarantee is a contract whereby the parties agree that one party shall be liable for the performance of the obligation of the debtor of the other party in the event that such debtor fails to perform such obligation.”
✨ Plain Explanation: A guarantor is someone who agrees to step in only if the original person responsible fails to fulfill the obligation.
In a rental situation, this means that if the tenant fails to pay rent, owes penalties, or causes damage and does not compensate for it, the landlord may then ask the guarantor to pay.
⚖️ Legal Source: Civil Code Article 739 – Law.moj.gov.tw
Civil Code Article 745:
“Before the creditor has enforced against the property of the principal debtor and such enforcement has proved ineffective, the guarantor may refuse to perform.”
✨ Plain Explanation: An ordinary guarantor is not the first person who has to pay.
If the landlord has not yet first demanded payment from the tenant, or has not yet tried to enforce against the tenant’s property, the guarantor may refuse to pay. This is what the law calls the “right of prior recourse.”
In other words, the landlord generally must go after the tenant first, rather than immediately demanding payment from the guarantor.
⚖️ Legal Source: Civil Code Article 745 – Law.moj.gov.tw
Can a Landlord Require a Guarantor?
Yes.
The law does not require every lease to include a guarantor, but it also does not prohibit a landlord from making it a condition.
So in practice, a landlord may say, “No guarantor, no rental.”
And the tenant may also choose to say, “If a guarantor is required, then I will not rent the property.”
Simply put, this is part of the negotiation between both sides. Neither side is legally required to accept the other’s terms.
There is not necessarily a right or wrong answer here. The landlord and tenant may simply view risk differently.
What Is the Difference Between a “Guarantor” and a “Joint and Several Guarantor”?
Many lease agreements do not simply say “guarantor.” Instead, they specifically require a “joint and several guarantor.”
⚠️ This is where extra caution is needed.
The biggest difference is whether the landlord can immediately demand payment from the guarantor.
Ordinary Guarantor
An ordinary guarantor is only second in line.
The landlord generally must first pursue the tenant. Only if the tenant cannot be found, has no assets, or enforcement is unsuccessful, may the landlord then seek payment from the guarantor.
For example:
If a tenant disappears after failing to pay three months of rent, and the landlord obtains a court judgment but discovers that the tenant has no assets, the landlord may then seek payment from the guarantor.
Joint and Several Guarantor
A joint and several guarantor is different.
As soon as the tenant fails to pay, the landlord may directly demand payment from the joint and several guarantor. The landlord does not need to prove that the tenant has no money, and does not need to sue the tenant first.
From the landlord’s point of view, a joint and several guarantor is almost treated the same as the tenant.
For example:
If the tenant fails to pay rent in the very first month, the landlord may immediately demand payment from both the tenant and the joint and several guarantor. Even if the tenant can still be contacted and still has a job, the landlord may still directly seek payment from the joint and several guarantor.
So if a lease says “joint and several guarantor,” do not assume it is just a formality or a favor.
What Responsibilities Can a Joint and Several Guarantor Have?
Many people think a joint and several guarantor only needs to help if the tenant misses a rent payment.
In reality, if the lease says so, the guarantor may also be responsible for:
- Unpaid rent
- Penalties or liquidated damages
- Utility bills and management fees
- Compensation for damage to the property
- Losses caused by early termination of the lease
- Legal fees and litigation costs spent by the landlord
Some leases even say that the guarantor is “jointly and severally liable for all obligations of the tenant.”
That may sound simple, but it creates very broad responsibility. Once the tenant runs into problems, the guarantor may have to pay first and then try to recover the money from the tenant later.
Unfortunately, by the time that happens, it is often impossible to get the money back.
Before Signing as a Guarantor, Check These Things Carefully
Whether a tenant is asking someone to be a guarantor, or a family member or friend is being asked to sign, it is important to confirm:
- Whether the lease says “guarantor” or “joint and several guarantor”
- Whether the scope of the guarantee is clearly defined
- Whether there is a maximum amount
- How long the guarantee lasts
- Whether the guarantee automatically continues if the lease is renewed
If the lease does not place any limits on the guarantee, a joint and several guarantor may remain responsible indefinitely, which can be very risky.
A safer clause would usually say something like:
“The joint and several guarantee shall be limited to NT$___ and shall apply only to rent and related expenses incurred during the term of this lease.”
At least that way, the responsibility is limited rather than open-ended.
Does a Landlord Really Need a Guarantor?
In reality, even if there is a guarantor, the landlord may not necessarily have an easier time if the tenant stops paying rent, disappears, or refuses to move out.
The landlord may still need to send formal notices, file a lawsuit, and apply for compulsory enforcement. Seeking payment from the guarantor can also take time and effort.
Rather than relying entirely on a guarantor, it is often more important for the landlord to carefully screen the tenant before signing the lease.
For example, the landlord can check the tenant’s job, income, contact information, and whether the tenant is willing to cooperate with a normal signing process. If the tenant is already inconsistent when discussing rent, deposits, or payment methods, or keeps insisting on unreasonable changes, that may be a more important warning sign than whether there is a guarantor.
🕯️ Related Read: Who Is Liable for Fire Damage in Taiwan?
🦴 Related Read: Who Is Liable for a Suicide Property in Taiwan?
🐛 Related Read: Are “Life Protection Clauses” Valid in Taiwan?
🐸 Related Read: Can a Landlord Rent to a Minor Tenant in Taiwan?
Conclusion
At the end of the day, a guarantor is not a magic solution.
For tenants, the law does not require a guarantor in order to rent a property. If a tenant is uncomfortable with the landlord’s demand, or does not want family or friends to take on that risk, it is perfectly acceptable to choose not to rent the property.
For landlords, asking for a guarantor is legal, but having one extra signature is often less important than carefully checking the tenant’s background, income, job, and attitude toward fulfilling the lease. A tenant who communicates honestly and pays on time is often far more reassuring than a problematic tenant who happens to have a joint and several guarantor.
And whether someone is a tenant, a landlord, or the friend or relative being asked to sign, the words “joint and several guarantor” should always be taken seriously. Once signed, it is often much more than simply helping out — it can mean becoming fully responsible for the tenant’s obligations.
