The Lease Guaranty is a fundamental document in Swiss property leasing, required by landlords as security for tenant obligations. It is commonly used in both residential and commercial contexts, with the guarantee amount typically ranging from 3 months' rent (residential statutory maximum) to potentially higher amounts for commercial properties. This document becomes necessary when entering into new lease agreements or when replacing existing security arrangements. The guarantee can be provided by banks (in the form of a bank guarantee), insurance companies (as a guarantee insurance), or individuals (as a personal guarantee), each subject to specific requirements under Swiss law. The document must comply with strict formal requirements under the Swiss Code of Obligations, including written form and maximum liability amount specifications. It serves as a risk mitigation tool for landlords while providing a structured framework for guarantors' obligations.
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1. Parties: Identification of the Guarantor, the Beneficiary (Landlord), and the Principal Debtor (Tenant)
2. Background: Description of the underlying lease agreement and the requirement for the guarantee
3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations' and 'Maximum Liability Amount'
4. Guarantee: Core guarantee provisions, including scope, maximum amount, and duration
5. Payment Obligations: Terms governing when and how payments must be made under the guarantee
6. Duration and Release: Period of validity and conditions for release of the guarantee
7. Representations and Warranties: Standard confirmations from the guarantor regarding capacity and authority
8. Notices: Communication requirements and contact details
9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Bank/Insurance Company Specific Provisions: Additional provisions specific to institutional guarantors, used when the guarantor is a bank or insurance company
2. Individual Guarantor Protections: Additional protective clauses required when the guarantor is an individual, including explicit warnings required by Swiss law
3. Counter-Indemnity: Optional section establishing the tenant's obligation to reimburse the guarantor, typically used with institutional guarantors
4. Assignment and Transfer: Provisions governing transfer of the guarantee, particularly relevant for commercial properties
5. Multiple Guarantors: Additional provisions for cases where more than one guarantor is providing the guarantee
1. Form of Demand: Template for making a claim under the guarantee
2. Copy of Lease Agreement: The underlying lease agreement being guaranteed
3. Guarantor's Board Resolution: Corporate authorization (for institutional guarantors)
4. Contact Details: Detailed contact information for all parties for notices
5. Payment Instructions: Bank account details and payment procedures
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Commercial Lease Guaranty Form
A Swiss-law governed guarantee agreement securing a tenant's obligations under a commercial lease, establishing the guarantor's responsibilities and enforcement procedures.
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Swiss law-compliant rental agreement including guarantor provisions, establishing terms for property rental with third-party payment security.
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Personal Guarantee Agreement
A Swiss law-governed agreement where an individual guarantees the financial obligations of another party, subject to the formal requirements of the Swiss Code of Obligations.
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Lease Guarantor Form
A Swiss law-governed form establishing a third-party guarantee for lease obligations, compliant with the Swiss Code of Obligations.
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