Decision of September 23, 2011, Gestion Immobilière Mayer Vlachos SNC. vs Smith, Leble, Langevin
After the signing of a lease which envisages solidarity between the three tenants, the lessor retracts and refuses access to the housing to the tenants for the reason that these did not obtain the necessary guarantees.
According to the lessor, the guarantees remain insufficient because the father of only one of the tenants signed the commitment of guarantee whereas he also wished a joint responsibility of the guarantors. Moreover, the lessor affirms that the commitment of guarantee is not authenticated by a notary.
Against these allegations, the Court indicates that the acts of suretyship are private acts of private agreement and are subjected to no other formality. Article 2826 of the C.C.Q lays out: “A private writing is a writing setting forth a juridical act and bearing the signature of the parties; it is not subject to any other formality.” In addition, it stresses that “the tenants being already jointly responsible, it became superfluous then to require a joint commitment on behalf of the guarantors. Furthermore, the entry into force of the lease was not conditional upon the signature of the guarantors”. The Court disagrees with the lessor and thus declares the lease valid