The Tenancy Agreement With Guarantor is a vital legal instrument in the Swiss property rental market, designed to provide additional security for landlords while maintaining tenant rights under Swiss law. This document is typically used when a landlord requires extra assurance of rent payment and property maintenance obligations, often in cases of student rentals, first-time tenants, or commercial leases. The agreement must comply with strict Swiss legal requirements, particularly Articles 253-274g of the Swiss Code of Obligations for tenancy provisions and Articles 492-512 for guarantee agreements. It includes detailed specifications of the rental property, payment terms, maintenance responsibilities, and clearly defined guarantor obligations, with particular attention to Swiss law requirements regarding guarantee limitations and formal execution requirements.
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1. Parties: Identification of landlord, tenant(s), and guarantor including full legal names, addresses, and contact details
2. Background: Brief context of the rental arrangement and guarantee relationship
3. Definitions: Key terms used throughout the agreement
4. Property Details: Detailed description of the rental property, including address and what is included
5. Term of Lease: Duration of the tenancy, start date, and whether fixed-term or indefinite
6. Rent and Other Charges: Rental amount, payment schedule, utilities, and other charges
7. Security Deposit: Amount, payment terms, and holding arrangements for the security deposit
8. Guarantor Obligations: Scope and extent of guarantor's liability, maximum amount, and duration of guarantee
9. Use of Property: Permitted use of property and occupancy restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance: Required insurance coverage for both tenant and landlord
12. Termination: Notice periods and conditions for termination by either party
13. Return of Property: Conditions for property return and final inspection procedures
14. Governing Law: Confirmation of Swiss law application and jurisdiction
15. Signatures: Execution blocks for all parties including witnesses where required
1. Subletting: Include when subletting might be permitted, specifying conditions and approval process
2. Pets: Include when pets are allowed or specifically prohibited
3. Parking: Include when parking spaces are part of the rental agreement
4. Common Areas: Include for apartments with shared facilities
5. Renovation Rights: Include when specific renovation or modification rights are granted to tenant
6. Building Rules: Include for properties with specific building regulations or community rules
7. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability
8. Professional Use: Include when property may be partially used for professional purposes
1. Inventory List: Detailed list of furniture and fittings provided with the property
2. Property Condition Report: Detailed description of property condition at start of tenancy
3. House Rules: Building or complex specific rules and regulations
4. Utility Agreements: Specific arrangements for utility payments and responsibilities
5. Maintenance Schedule: Detailed breakdown of maintenance responsibilities
6. Rent Calculation Sheet: Breakdown of rent and other charges
7. Floor Plan: Plan showing layout and measurements of the property
8. Guarantor Financial Statement: Required financial information from guarantor as per Swiss law
9. Energy Performance Certificate: Property's energy efficiency rating and details
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