Personal Guarantee Rental Agreement Template for Switzerland

The Personal Guarantee Rental Agreement is commonly used in Swiss rental transactions where additional security is required beyond standard rental deposits. This document is particularly relevant when tenants lack sufficient credit history or when the rental value is significant. The agreement must comply with Swiss federal and cantonal laws, particularly the strict formality requirements under the Swiss Code of Obligations. It typically specifies the maximum guarantee amount (often limited to a specific number of months' rent), duration, conditions for calling on the guarantee, and termination provisions. The document is essential for protecting landlords' interests while ensuring guarantors understand their obligations and legal rights. It's frequently used in both residential and commercial contexts, though the specific terms and conditions may vary based on the nature of the rental property and the parties involved.

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, reference to the main rental agreement, and the relationship between the guarantor and tenant

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Rental Agreement', 'Property', and 'Guarantee Period'

4. Scope of Guarantee: Precise description of the obligations being guaranteed, including rent, ancillary charges, and any damage to the property

5. Amount of Guarantee: Maximum amount of the guarantee commitment in accordance with Swiss law limitations

6. Duration of Guarantee: Term of the guarantee, including start date and conditions for termination

7. Guarantor's Obligations: Detailed description of the guarantor's responsibilities and the circumstances triggering payment obligations

8. Notice Requirements: Procedures for notification of defaults and claims under the guarantee

9. Payment Terms: Timeline and method for making payments under the guarantee

10. Landlord's Obligations: Duties of the landlord regarding notification and maintenance of the primary rental relationship

11. Legal Compliance: Statements ensuring compliance with Swiss law requirements for personal guarantees

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and designation of competent courts