The Lease Guarantor Form is a critical document in Swiss property leasing arrangements, used when a third party agrees to guarantee a tenant's obligations under a lease agreement. This document, governed by Swiss law, particularly Articles 492-512 of the Swiss Code of Obligations, must meet strict formal requirements including written form and maximum liability specifications. The form is essential in situations where landlords require additional security beyond the tenant's covenant, whether in residential or commercial contexts. It must include specific declarations, potential spousal consent for guarantees exceeding CHF 2,000, and clear terms regarding the scope and duration of the guarantee. The document serves as a legally binding commitment that provides landlords with security while protecting guarantors through clear liability limitations and conditions for enforcement.
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1. Parties: Identification of all parties: Guarantor(s), Landlord (beneficiary of the guarantee), and Tenant (principal debtor)
2. Background: Brief context about the underlying lease agreement and the reason for the guarantee
3. Definitions: Key terms used in the guarantee form, including 'Guaranteed Obligations' and 'Maximum Liability Amount'
4. Scope of Guarantee: Clear statement of the obligations being guaranteed and the maximum amount of the guarantee as required by Swiss law
5. Duration: Term of the guarantee, including start date and conditions for termination
6. Guarantor's Obligations: Detailed description of when and how the guarantor must pay, including conditions for calling on the guarantee
7. Formal Declarations: Mandatory declarations required under Swiss law, including acknowledgment of liability and receipt of copy
8. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
9. Execution: Signature blocks with date fields for all parties, including space for official authentication if required
1. Spousal Consent: Required when the guarantor is married and the guarantee amount exceeds CHF 2,000, as per Art. 494 CO
2. Multiple Guarantors: Additional provisions needed when there are multiple guarantors, defining whether liability is joint and several
3. Bank Guarantee Option: Alternative provisions for when the guarantee is provided through a bank rather than a personal guarantee
4. Early Termination Rights: Optional provisions defining specific circumstances under which the guarantor can terminate the guarantee
5. Subrogation Rights: Detailed provisions about the guarantor's rights to step into the landlord's position after paying
1. Schedule 1 - Underlying Lease Details: Copy or key details of the lease agreement being guaranteed, including rental amount and term
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for the landlord to make a formal demand under the guarantee
4. Appendix A - Identity Documents: Copies of identification documents for all parties for verification purposes
5. Appendix B - Marriage Certificate: Required when spousal consent is necessary, proving marital status of guarantor
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