Rental surety bonds are usually linked to a family renting a flat, but they also guarantee leases for shops, offices and warehouses. Several things change there: who takes out the policy, which documents are submitted and which Civil and Commercial Code rules apply to a non-residential lease. Here is how it works and what to check before signing.
Surety bonds are not only for housing
A surety bond guarantees that the tenant performs the lease, and a lease can have any use. The national insurance regulator (SSN) recorded this in 2020: when it approved specific surety conditions for residential leases (SSN Res. 376/2020, now repealed), it kept the earlier surety conditions for property leases in force because they were useful for leases with non-residential uses. Today each insurer builds its plan within the guidelines the SSN set for the surety line (SSN Res. 384/2025).
Which rules apply to a commercial lease
Since DNU 70/2023, the lease term is whatever the parties agree; if the lease sets none, non-residential leases last three years (art. 1198 of the Civil and Commercial Code). Rent may be set in pesos or foreign currency, with any agreed adjustment index (art. 1199), and the tenant may terminate at any time by paying 10% of the remaining future rent (art. 1221). Guarantees are also freely agreed (art. 1196): a shop landlord is not required to accept a surety bond, and was not under the previous law either, since Law 27,551 only covered residential leases.
Who is who when a company rents
If the tenant is a company, the company is the policyholder: it takes out and pays the policy and commits to repay the insurer whatever it pays on its behalf. The insured is still the landlord, who gets paid if there is a default. Since the insurer assesses whoever will perform the lease, with a company it looks at its corporate and financial standing, and it may ask for counter-guarantees if it deems them necessary.
Which documents are usually requested
Each insurer sets the final list, but a company usually submits bylaws, the current board appointment record, tax ID, authorized signatories’ IDs and the last two certified balance sheets. A statement of assets, bank and trade references and VAT and income tax returns may also be requested. If an individual rents for their own business, such as a professional or a sole trader, the assessment is closer to a residential one: identity and provable income.
What to guarantee
Besides rent, building fees, utilities and the time premises can stay occupied if the lease ends badly all matter for a shop. Check that the policy includes the items the lease puts on the tenant and their limits: anything not in the policy is not guaranteed. And if rent is indexed, ask how the sum insured follows those adjustments, because over a multi-year lease rent can end up well above the first month.
How to request a quote
You can request it with the same data as a residential surety bond: first month’s rent, security deposit and lease length, plus building fees, utilities and overstay months if you want them covered. If the tenant is a company, say so in the form message so we can tell you which documents your case needs.
Conclusion
In a commercial lease the surety bond works as in a residential one: the tenant is the policyholder, the landlord is the insured and the insurer guarantees performance under the policy. What changes is the assessment, which looks at the company, and the lease framework, with a default three-year term and early termination for 10% of the remaining rent. With those points clear, negotiating the guarantee is simpler.
Related reading
The complete rental surety bond guide
What it covers, who is the policyholder and the insured, how the cost is set and whether the landlord must accept it.
Go to the rental surety bond guideFrequently asked questions
Can a company be the policyholder of a rental surety bond?
Yes. The insurer then assesses the company and usually asks for corporate and accounting documents, such as bylaws, board appointment record, tax ID, signatories’ IDs and balance sheets.
What is the term of a commercial lease if the contract says nothing?
Three years, under art. 1198 of the Civil and Commercial Code as worded by DNU 70/2023. If the lease sets a term, the agreed term applies.
Must a shop landlord accept a surety bond?
No. Guarantees are freely agreed (art. 1196 of the Civil and Commercial Code). Law 27,551, which required accepting one of the tenant’s proposed guarantees, only covered residential leases and has been repealed.
Can I terminate a commercial lease early?
Yes. The Code lets the tenant terminate at any time by paying 10% of the remaining future rent (art. 1221). Whether that sum is guaranteed by the surety bond depends on the policy.
Need to guarantee a shop or office lease?
Request a quote with your lease details and tell us if the tenant is a company: we will tell you which documents are needed.
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