Assistance with cancelling a guarantee

Questioner

Good day, Since last year I have been a guarantor for a friend for her rental home. She has a one-year rental contract which will then be extended indefinitely. From 01-May-2018 this one-year contract will expire and the contract will be indefinite. I want to get rid of this guarantee and have sent the landlord an email that I want to cancel the guarantee. He then sent a registered letter that this cannot be canceled unilaterally. After some research, I sent a registered letter stating that, in accordance with Article 861 of the Code, I would indeed cancel the guarantee as soon as the contract is for an indefinite period. He responded by registered letter that this was not possible because I was jointly and severally liable for an indefinite period. How can I make sure that I no longer have to act as a guarantor?

Lawyer

With a guarantee you cannot simply withdraw from the agreement, in other words you cannot unilaterally terminate it. You must do this in mutual consultation. If no term has been agreed, you are bound to the agreement. I advise you to sit down with the landlord and provide any evidence that demonstrates the financial position of the tenant to some extent. For more information or assistance, please feel free to contact me directly and without obligation.