Guarantee Rental Agreement Template for Switzerland

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Key Requirements PROMPT example:

Guarantee Rental Agreement

"I need a Swiss Guarantee Rental Agreement for a residential property in Zurich, where Credit Suisse will act as guarantor for a three-month rent deposit of CHF 9,000, with the rental agreement starting March 1, 2025."

Document background
The Guarantee Rental Agreement is a essential document in Swiss rental relationships, required when a tenant needs to provide security for their rental obligations. This agreement is commonly used in both residential and commercial leasing contexts throughout Switzerland, where the law mandates that rental deposits must be held in a special bank account in the tenant's name. The document outlines the tripartite relationship between the guarantor (typically a bank or insurance company), the landlord, and the tenant, ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. It specifies the guaranteed amount (usually capped at three months' rent), the conditions under which the guarantee can be called upon, and the process for its release. The agreement provides security for landlords while protecting tenants' interests through regulated procedures and limitations.
Suggested Sections

1. Parties: Identification of all parties: Guarantor, Landlord, and Tenant, including full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the guarantee, referring to the main rental agreement and explaining the purpose of the guarantee

3. Definitions: Key terms used in the agreement, including 'Guaranteed Amount', 'Rental Agreement', 'Security Deposit', etc.

4. Scope of Guarantee: Clear specification of the guarantee amount, obligations covered, and duration of the guarantee

5. Form of Guarantee: Description of how the guarantee is provided (e.g., bank deposit, insurance, etc.) and compliance with Swiss legal requirements

6. Rights and Obligations of the Guarantor: Detailed outline of the guarantor's responsibilities, including payment obligations and conditions

7. Conditions for Calling the Guarantee: Specific circumstances under which the landlord can claim against the guarantee

8. Release of Guarantee: Conditions and process for releasing the guarantee upon termination of the rental agreement

9. Notices: Requirements for formal communications between parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Additional provisions for cases where more than one guarantor is involved, specifying joint and several liability

2. Corporate Guarantor Provisions: Specific provisions when the guarantor is a company, including authority requirements and representations

3. Bank Account Details: Specific section for cases where the guarantee is provided through a bank deposit, including account details and bank's obligations

4. Insurance Provider Provisions: Specific provisions when the guarantee is provided through an insurance company

5. Language: Language provisions for cases where the agreement is executed in multiple languages

6. Assignment and Transfer: Provisions governing the transfer of the guarantee in case of change of landlord or assignment of the rental agreement

Suggested Schedules

1. Copy of Rental Agreement: Executed copy or key terms of the underlying rental agreement

2. Form of Guarantee Certificate: Template or copy of the bank or insurance guarantee certificate

3. Guarantor's Authorization Documents: Corporate resolutions or power of attorney if applicable

4. Payment Instructions: Details of bank account or payment procedures for the guarantee

5. Contact Details: List of authorized representatives and contact information for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Banking and Financial Services

Insurance

Residential Property

Commercial Property

Property Management

Legal Services

Corporate Housing

Retail (for commercial leases)

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Facilities Management

Corporate Housing

Contract Administration

Tenant Relations

Banking Operations

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Leasing Manager

Tenant Relations Manager

Housing Officer

Compliance Officer

Risk Manager

Corporate Housing Manager

Facilities Manager

Real Estate Director

Bank Relationship Manager

Insurance Account Manager

Property Administrator

Contracts Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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