You find the flat, you like it, and the usual question comes up: which guarantee? For years there was one answer, a relative’s property title. Today it coexists with the rental surety bond, and the choice no longer depends on a law forcing landlords to accept one or the other: since DNU 70/2023 guarantees are freely agreed. Here is how each one works, what it asks of the tenant, what the guarantor risks and how to choose before signing.
What each guarantee is
A property guarantee is a personal guarantee: someone who owns real estate, usually a relative or friend, signs the lease as guarantor and commits to pay if the tenant does not. The Civil and Commercial Code regulates it as a guarantee contract (arts. 1574 ff.), and a guarantor who signs as principal payer is bound as a joint debtor (art. 1591). A surety bond is an insurance policy instead: the tenant takes it out and pays it, the insurer guarantees performance and the policy is issued in favor of the landlord as the insured. Both aim to make sure the landlord gets paid; what changes is who answers and how.
What changed with DNU 70/2023
Between 2020 and 2023, Rental Law 27,551 set the rules for residential leases: the tenant had to offer at least two guarantees among property title, bank guarantee, surety bond, personal guarantor or proof of income, and the landlord had to accept one. The landlord could not demand a guarantee above five months of rent, or ten for the tenant’s own income guarantee. DNU 70/2023 repealed that law in article 249, and the new article 1196 of the Code lets the parties freely set the amounts and currency of guarantees and deposits. The Senate rejected the DNU in March 2024, but a decree of necessity and urgency is only repealed if both chambers reject it (Law 26,122, art. 24), and the Chamber of Deputies did not: it remains in force.
What each one asks of the tenant
With a property guarantor, the hurdle is finding someone who owns real estate, agrees to sign and provides the documents the landlord or agency requests. It costs you no money, but it ties up another person’s assets for the whole lease. With a surety bond, the hurdle is qualifying: the insurer checks your identity and income before issuing, and you pay for the policy. You depend on nobody else, but you must be able to prove income and cover that cost.
What the guarantor risks
A property guarantor answers with their assets: if the tenant does not pay, the landlord can claim from them, and a guarantor who pays can then claim it back from the tenant (art. 1592). The Code also sets limits: their obligations end when the lease term expires, except for a late return of the property, and they must expressly consent to be bound by a renewal or extension (art. 1225). With a surety bond, the insurer pays under the policy and then claims from the tenant. One common misunderstanding: the surety bond is not insurance for the tenant. If you stop paying, the debt is still yours, just owed to the insurer.
What the landlord looks at
For landlords, each guarantee has its own logic. With a property guarantor they know which property backs the lease, but collecting means claiming from a person and possibly going to court. With a surety bond the claim is against an insurer authorized and supervised by the national insurance regulator (SSN), under the steps, deadlines and limits the policy sets, so it pays to read which items it covers (rent, building fees, utilities, overstay) and up to what amount. Neither is better in the abstract: it depends on what reassures each landlord, and today they can choose.
So which one works best?
If you have a willing guarantor and the landlord accepts it, a property guarantee costs you no money, though it commits someone else. If you have no guarantor, or do not want to commit anyone, a surety bond lets you rent on your own income in exchange for the policy cost. Either way, ask before booking which guarantees the landlord accepts and, if a surety bond is accepted, have the lease say so. And get a quote with your real lease figures: the cost depends on the rent, the term and the items you include.
Conclusion
A property guarantee and a surety bond solve the same problem in different ways: one rests the lease on a person’s assets, the other on an insurer. Since DNU 70/2023 neither is mandatory for landlords, so the choice is negotiated before signing. Knowing how each works helps you negotiate better and pick the one that lets you rent without surprises.
Related reading
The complete rental surety bond guide
What it covers, who is the policyholder and the insured, what insurers ask for, how the cost is set and whether the landlord must accept it.
Go to the rental surety bond guideFrequently asked questions
Can the landlord reject a surety bond and ask for a property guarantor?
Yes. Since DNU 70/2023 guarantees are freely agreed (art. 1196 of the Civil and Commercial Code), so the landlord may accept the surety bond or ask for another guarantee. The duty to accept one of the tenant’s proposed guarantees came from Law 27,551, which was repealed.
Can I offer a surety bond and a property guarantor together?
Yes, if the landlord asks and you agree. Since DNU 70/2023 the cap Law 27,551 placed on the guarantee amount no longer applies, and guarantees are freely agreed.
Is the property guarantor still bound if I renew the lease?
Not automatically. Under the Civil and Commercial Code the guarantor’s obligations end when the lease term expires, except for a late return of the property, and they must expressly consent to be bound by a renewal or extension (art. 1225).
Does the surety bond protect me as a tenant?
No. The surety bond protects the landlord: if you do not pay, the insurer pays them what the policy covers and then claims it back from you. The debt does not go away; it changes creditor.
What if my lease was signed under the previous law?
It generally keeps the rules it was signed under: the Civil and Commercial Code provides that new default rules do not apply to contracts already running (art. 7). The guarantee you agreed in that lease stands until it ends.
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