· Información legal
Guarantor in a tenancy agreement: what is the extent of your liability?
If you have guaranteed the tenancy of a family member or a friend, or are about to do so, you are very likely wondering exactly how far your liability extends. And that is a good question, because the answer is not always what people assume.
The guarantor or surety is the person who assures the landlord that, if the tenant fails to pay, they will cover it. It is one of the most common forms of security in tenancy agreements, but its scope gives rise to far more doubts than might appear: are you liable only for the initial period or also for renewals? Do you cover unpaid rent as well as damage to the property? What happens when the contract comes to an end?
The truth is that the case law of the Provincial Courts (Audiencias Provinciales) is establishing increasingly clear criteria, and almost all of them revolve around two ideas:
- The guarantee is interpreted restrictively: in case of doubt, in favour of the guarantor.
- Its scope depends on what was agreed and on the consent that the guarantor expressly gave.
To see this in practice, we draw on three recent and highly illustrative judgments: those of the Provincial Courts of Murcia (20 March 2026), Girona (14 May 2025) and Madrid (3 July 2023).
What happens if the tenancy is renewed without the guarantor’s knowledge? (Art. 1851 of the Spanish Civil Code)
The starting point is Article 1851 of the Spanish Civil Code, which is very clear:
«An extension granted to the debtor by the creditor without the surety’s consent extinguishes the suretyship.»
In other words: if the landlord and the tenant extend the contract between themselves, without involving the guarantor, the guarantee may lapse. This is precisely what the Provincial Court of Murcia applied in its Judgment No. 231/2026, of 20 March.
The Provincial Court of Murcia case
The contract had an initial duration of six months and provided for the possibility of renewal by agreement between landlord and tenant. The guarantor appeared in the contract, but at no point expressly stated that they accepted being bound by those future renewals.
Subsequently, the landlord and the tenant renewed the contract, and the unpaid rent for that renewed period was then claimed.
The Court upheld the dismissal of the claim and declared the guarantee extinguished:
«The tenancy agreement was renewed by mutual agreement between the parties; however, there is no evidence that the guarantor gave express consent.»
The guarantor’s liability was limited to the initial six-month period that had been agreed. The subsequent rent could not be claimed from either them or their heirs.
What this means in practice
The lesson is important and counter-intuitive: it is not enough for the guarantor to know that the contract may be renewed. Express consent is required for the guarantee to be understood as covering those future renewals as well. If that consent does not exist, extending the contract term may leave the landlord without any security.
When is the guarantor liable for a renewal? The key lies in the contract
The above criterion is not absolute. The Provincial Court of Girona, in its Judgment No. 497/2025, of 14 May, reached a different conclusion, precisely because the contract was worded differently.
The consent given upon signing the contract
Here the contract regulated the duration of the tenancy in detail and expressly provided for the possibility of an additional voluntary renewal.
The Court held that the guarantor had consented from the very moment of signing, because they were fully aware of the duration arrangements being agreed:
«The wording of the duration clause in the contract allowed the guarantor to know that the contract could be voluntarily renewed between the parties for a further year and, once aware of this, they expressly consented by signing the contract.»
For this reason, the Court concluded that the guarantee extended to the renewed period as well, and ordered the guarantor, on a joint and several basis, to pay the unpaid rent.
Why the contract must be read as a whole
The Provincial Court of Girona recalls that the extent of the guarantor’s liability depends on several factors simultaneously:
- The autonomy of the parties: what they intended to agree.
- The literal wording of the contract: what the clause says exactly.
- The restrictive nature of the guarantee.
- Whether or not consent was given in respect of the renewals.
In short: when the contract clearly describes a renewal mechanism and the guarantor signs in full knowledge of this, it may be understood that there is sufficient consent for the guarantee to extend to those periods. The wording is almost everything.
Voluntary renewal and statutory renewal: why they are not the same (Art. 9 of the Spanish Urban Tenancies Act)
One of the most useful contributions of the Girona judgment is its distinction between two types of renewal, because they do not operate in the same way:
«Article 1851 of the Spanish Civil Code does not apply to the statutory or mandatory renewal under Article 9 of the Urban Tenancies Act, since the guarantor necessarily foresees the statutory renewal.»
Bringing this down to practical terms:
- A voluntary renewal is one freely agreed between landlord and tenant. Here it is necessary to check whether the guarantor consented to it.
- The statutory or mandatory renewal is the one imposed by Article 9 of the Spanish Urban Tenancies Act (Ley de Arrendamientos Urbanos). Since it already exists in the law when the contract is signed, the guarantor can foresee it and, for this reason, the extinguishment under Article 1851 does not apply.
Is the guarantor liable for damage to the property? Only for what was guaranteed
Another frequent question is which obligations are actually covered by the guarantee. The Provincial Court of Madrid, in its Judgment No. 284/2023, of 3 July, makes clear that the guarantee cannot be stretched beyond what was agreed.
Unpaid rent versus damage to the property
In this case, the guarantee covered «all pecuniary obligations arising from the tenancy agreement», that is, those of an economic nature. The landlords sought to claim from the bank guarantor for the significant damage to the property following years of occupation.
The Court rejected this:
«What is being claimed here is not a pecuniary obligation arising from the contract, but a claim for damages arising from the breach of the duty to maintain the property.»
The key lies in distinguishing between two separate matters:
- Pecuniary obligations: rent, utilities and equivalent sums.
- Obligations to maintain and preserve the property.
In the Court’s view, a guarantee limited to monetary obligations does not, by itself, cover a claim for damages arising from deterioration of the property. They are different areas.
A guarantee is always interpreted restrictively
This ruling is a further illustration of a classic principle: a guarantee does not extend to situations that were not expressly provided for. That is why the way in which the guarantee clause is drafted is decisive in determining, in reality, how far the guarantor is liable. Before signing, it is advisable to have a property lawyer in Madrid review that clause with you.
Can the guarantee be extinguished when the tenancy ends? (Art. 13.2 of the Spanish Urban Tenancies Act)
The Madrid Court judgment also addresses a very practical situation: what happens to the guarantee when the principal contract it was securing disappears.
In the case examined, the tenancy had been entered into by a usufructuary, that is, a person who had the right to use and let the property even though they were not its full owner. When that usufruct was extinguished, the tenancy agreement was also extinguished pursuant to Article 13.2 of the Spanish Urban Tenancies Act. The Court concluded:
«The termination of the tenancy agreement also brought about the termination of the guarantee that had been provided as security for the obligations arising from it.»
The new property owners sought to rely on the guarantee that had been put in place in favour of the previous landlord, but the Court prevented this: since no new guarantee had been formalised and the existing one had not been expressly extended, they could not benefit from it. A guarantee is an accessory security and therefore follows the fate of the contract upon which it depends.
Conclusion: review the guarantee clause before signing
From these three rulings, five points emerge that are worth bearing in mind, whether you are a landlord or a prospective guarantor:
| Issue | What case law says | Judgment |
|---|---|---|
| Renewal without the guarantor’s consent | May extinguish the guarantee (Art. 1851 of the Spanish Civil Code) | AP Murcia 231/2026 |
| Renewal known and accepted upon signing | The guarantee does extend to those periods | AP Girona 497/2025 |
| Statutory renewal under Art. 9 of the Spanish Urban Tenancies Act | It is foreseeable: the guarantee remains in force | AP Girona 497/2025 |
| Property damage with a «pecuniary» guarantee | Not covered without an express agreement | AP Madrid 284/2023 |
| Termination of the principal contract | May also extinguish the accessory guarantee | AP Madrid 284/2023 |
The underlying conclusion is always the same: the wording of the guarantee clause determines everything. Imprecise drafting can mean the landlord loses a security they believed to be solid, or that the guarantor ends up being liable for far more than they imagined.
At Trigo Buide we rigorously analyse your tenancy agreement and the guarantee clause before you take any step, and we advise you honestly on the extent of your liability and the best course of action for your case — whether that is negotiation or a formal claim.
Frequently asked questions about guarantors in tenancy agreements
If the landlord and tenant renew the contract, am I still liable as guarantor? It depends on the type of renewal and on your consent. If it is a voluntary renewal agreed between the parties and you did not expressly consent to it, the guarantee may be extinguished under Article 1851 of the Spanish Civil Code, as the Provincial Court of Murcia held. On the other hand, if from the moment of signing you were aware of and accepted a specific renewal arrangement, the guarantee may extend to those periods, as the Provincial Court of Girona found.
What is the difference between a voluntary renewal and a statutory renewal? A voluntary renewal is one freely agreed between landlord and tenant, and it is necessary to check whether the guarantor consented to it. The statutory or mandatory renewal is the one provided for in Article 9 of the Spanish Urban Tenancies Act: it already exists when the contract is signed, the guarantor can foresee it and, for this reason, the extinguishment under Article 1851 of the Spanish Civil Code does not apply.
Is the guarantor liable for damage or deterioration to the property? Only if the guarantee expressly says so. The Provincial Court of Madrid drew a distinction between pecuniary obligations (rent, utilities and equivalent sums) and obligations to maintain and preserve the property. A guarantee limited to monetary obligations does not, by itself, cover a claim for damages arising from deterioration of the property.
What exactly is the extent of the guarantor’s liability? It extends as far as what was expressly guaranteed in the contract. A guarantee is interpreted restrictively and does not extend to situations that were not provided for. That is why the wording of the clause is so important: it defines which obligations are covered and for how long.
Can the guarantee disappear if the tenancy agreement is terminated? Yes. Since a guarantee is an accessory security, it depends on the principal contract. If that contract is terminated, the guarantee may also be extinguished, as the Provincial Court of Madrid found in a case where, upon termination of the usufruct on which the tenancy depended (Article 13.2 of the Spanish Urban Tenancies Act), the guarantee likewise disappeared, unless it had been expressly renewed or extended.