Short answer. No. When a lease renews by implication — through the tenant staying on after the original term ends without objection — the guarantor's obligations cease. Article 1672 of the Civil Code is clear: obligations contracted by a third party for the security of the original lease do not carry over to the implied new lease.
What the law says
In case of an implied new lease, the obligations contracted by a third person for the security of the principal contract shall cease with respect to the new lease.
Civil Code, Article 1672 — Sureties in an Implied New Lease. Read the full provision →
What an implied new lease is
An implied new lease — sometimes called tacita reconduccion — happens when a lease term ends but the tenant remains in possession and the landlord does not object. No new written contract is signed, but the law treats the parties as having agreed to continue the tenancy, typically on a month-to-month basis. It is a new lease in the eyes of the law, even though it arose from inaction rather than from a fresh agreement.
The guarantor's obligation ends with the original term
Article 1672 draws a hard line: third-party security obligations cease when the implied new lease begins. A guarantor who signed on to secure the original lease signed for that lease and only that lease. The guarantor accepted the risk of the original term — its defined duration, its rent level, its conditions. When that term ends and a new lease arises by implication, the guarantor's contractual commitment is exhausted. The new lease is a different obligation, and the guarantor never agreed to it.
What this means for landlords
If you are a landlord relying on a guarantor to secure rent payments, you need to be aware that the guarantee does not automatically extend when the tenant stays on past the original term. Once the implied new lease begins, any default by the tenant during that period is your problem alone — you cannot run to the original guarantor. If you want guarantee coverage to continue, you need the guarantor's express consent to be bound under the new arrangement, memorialized in writing before the original term expires.
Practical steps if you are a guarantor or a landlord
If you are a guarantor and the tenant has stayed past the original term, your liability for rent or damages arising after the original term ended has likely ceased. If the landlord is pursuing you for amounts owed during the implied new lease period, that claim needs careful scrutiny. If you are a landlord, do not assume the guarantee rolls over. At or before the end of the original term, either sign a formal renewal — which can include an updated guarantee — or obtain the guarantor's written acknowledgment that the guarantee continues. Silence is not consent.