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Guarantor Tenancy Agreement Template for Switzerland

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Key Requirements PROMPT example:

Guarantor Tenancy Agreement

"I need a Guarantor Tenancy Agreement for a student apartment in Zurich where the tenant's parent will act as guarantor, with the tenancy starting March 1, 2025, and the guarantee covering 12 months' rent plus potential damages."

Document background
The Guarantor Tenancy Agreement is a crucial document in Swiss property rental arrangements where additional security is required beyond standard deposits. This agreement is commonly used when landlords seek extra assurance of rent payment and property maintenance, particularly in cases involving students, first-time renters, or commercial tenants. The document must strictly comply with Swiss legal requirements, including maximum guarantee amounts and formal execution procedures. A properly structured Guarantor Tenancy Agreement provides clear terms regarding the guarantee's scope, duration, and the specific circumstances under which the guarantor's obligations can be called upon. It's essential for protecting all parties' interests while ensuring compliance with Swiss tenancy law's mandatory provisions, including the strict formal requirements for guarantee agreements under the Swiss Code of Obligations.
Suggested Sections

1. Parties: Identification of all parties: Landlord, Tenant(s), and Guarantor(s), including full legal names and addresses

2. Background: Context of the agreement, reference to the main tenancy agreement, and reason for guarantee

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

4. Scope of Guarantee: Clear definition of the obligations being guaranteed, maximum liability amount (as per Swiss law), and duration of the guarantee

5. Guarantor's Obligations: Detailed description of the guarantor's responsibilities and the extent of their liability

6. Maximum Liability: Explicit statement of the maximum amount the guarantor can be liable for, in compliance with Swiss law limitations

7. Duration and Termination: Term of the guarantee, conditions for termination, and notice requirements

8. Independence of Guarantee: Confirmation that the guarantee remains valid regardless of changes to the main tenancy agreement

9. Guarantor Representations: Guarantor's confirmations regarding their financial capacity and understanding of obligations

10. Notices: Process and requirements for formal communications between parties

11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements including notarization if required

Optional Sections

1. Multiple Guarantors: Section defining joint and several liability when more than one guarantor is involved

2. Corporate Guarantee Provisions: Additional provisions required when the guarantor is a company rather than an individual

3. Change of Parties: Provisions dealing with changes in landlord, tenant, or guarantor

4. Release Conditions: Specific conditions under which the guarantor may be released from obligations before the end of the term

5. Foreign Language Declaration: Required when the guarantor's primary language is not the contract language, confirming they understand their obligations

6. Bank Guarantee Option: Alternative provisions for when the guarantee is provided by a bank rather than an individual

Suggested Schedules

1. Schedule 1 - Main Tenancy Agreement: Copy or key terms of the underlying tenancy agreement being guaranteed

2. Schedule 2 - Property Details: Detailed description of the rental property including address and any specific inclusions

3. Schedule 3 - Guaranteed Amount Calculation: Breakdown of how the maximum guarantee amount was calculated

4. Appendix A - Guarantor Financial Statement: Declaration of guarantor's financial position (if required)

5. Appendix B - Identity Documents: Copies of identification documents for all parties

6. Appendix C - Notarial Certification: Space for notary's certification if required under Swiss law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Real Estate

Property Management

Financial Services

Legal Services

Banking

Housing

Commercial Property

Residential Property

Property Investment

Student Housing

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Contract Administration

Tenant Relations

Document Management

Housing Administration

Operations

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Tenancy Contract Manager

Housing Officer

Lease Administrator

Risk Manager

Compliance Officer

Property Portfolio Manager

Tenant Relations Manager

Real Estate Partner

Property Law Specialist

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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