When the evening is committed to renting more than the renter
More than once guarantors are shocked that the landlord is working to fulfill the letter of guarantee towards them, even though he has waived the debt towards the tenant. But this matter is possible.
By law, reducing the debt of the tenant means reducing the debt to the guarantor.
The law states that “the guarantor charge has been reduced, by agreement between the debtor and the creditor or by a waiver of the creditor, the guarantor is exempted to the extent that the debtor has been exempted.” In this regard, it should be mentioned that “if the debtor does not exist, the creditor will notify a single guarantor within 90 days from the day the debtor had to fulfill the debt;
From what we have shown above, the section applies only to the extent that the parties have not agreed otherwise in writing.
Thus, usually according to the wording of the letter of guarantee, the guarantor will be indebted to the landlord, even if the latter has decided to compromise and waive the tenant’s debt to him.
It follows that the tenant will not be indebted to the landlord, while the guarantor alone will be indebted and will be exposed alone towards the landlord.