Guarantor and Co-Tenant Declaration
Collect guarantor and co-tenant declarations for Swiss rental agreements with this structured form covering identity, financial situation, liability, and signature under OR Art. 492.
About this template
The Guarantor and Co-Tenant Declaration template is used by Swiss landlords, property managers, and real estate agencies to formally collect and document the details of individuals who are acting as guarantors (Buerge / garant) or co-tenants (Mitmieter / colocataire) for a rental agreement. It provides a structured record of the guarantor's identity, financial capacity, and explicit assumption of liability.
In Switzerland, guaranty (Buergschaft / cautionnement) is governed by OR Art. 492-512. For a personal guaranty to be valid, it must be in writing, specify the maximum amount and duration, and be signed by the guarantor. This form supports the collection of all required information and declarations.
Important legal notice for guarantors
By signing this declaration, the guarantor undertakes a legally binding financial obligation. Under OR Art. 492, the guarantor agrees to be liable for the principal debtor's (tenant's) obligations up to the maximum amount stated. The guaranty is binding even if the tenant defaults or becomes insolvent. Guarantors should seek independent legal advice before signing. This form covers OR Art. 492 suretyship requirements.
What this declaration collects
- Guarantor or co-tenant personal identification details
- Relationship to the primary tenant
- Financial information: employment, income, existing obligations
- Declaration of no undisclosed debts or insolvency proceedings
- Details of the rental property and tenancy being guaranteed
- Maximum guaranteed amount and duration
- Specific scope of liability (simple or joint guaranty)
- Supporting documents (identity, income proof)
- Legally binding signature
How to use this template
Use this template
Click 'Use template' to create a copy in your dashboard.
Adapt to your tenancy agreement
Ensure the maximum amount and duration stated in this form match exactly what is written in the tenancy agreement.
Send to the guarantor
Share the form link with the proposed guarantor before the tenancy is signed.
Verify identity and income
Cross-reference the submitted details with identity documents and income proof provided separately.
Retain for the tenancy file
Store the signed declaration with the tenancy agreement for the full duration of the tenancy plus applicable retention period.
Guaranty in Swiss rental law: a guide to OR Art. 492
A guaranty (Buergschaft / cautionnement) is a contract by which the guarantor undertakes to pay the creditor (the landlord) if the primary debtor (the tenant) fails to fulfil their obligations. In Swiss rental practice, guaranties are commonly used as an alternative to, or supplement of, cash security deposits, particularly when a prospective tenant's financial situation makes landlords cautious.
Swiss law recognises two main types of personal guaranty relevant to rental contexts. A simple guaranty (einfache Buergschaft / cautionnement simple) means the guarantor is only liable after the landlord has exhausted remedies against the primary tenant. A joint and several guaranty (Solidarbuergschaft / cautionnement solidaire) means the landlord can claim directly against the guarantor without first pursuing the tenant.
What are the formal requirements for a valid guaranty?
Under OR Art. 493, a personal guaranty must: be in writing; specify the maximum guaranteed amount; and — if the guarantor is a natural person (not a company) — include a handwritten inscription of the maximum amount. If the guarantor is married, the other spouse's written consent is also required under OR Art. 494 for guaranties exceeding CHF 1,500 and not connected to the guarantor's professional activity.
What is the maximum amount and duration of a guaranty?
Guarantors have the right to limit their liability to a specific maximum amount and time period. The maximum amount should be stated in the guaranty document. Under OR Art. 509, a personal guaranty given for an indefinite period by a natural person for a fixed-term tenancy terminates automatically at the end of the tenancy. Guarantors should clearly specify whether their liability covers only rent or also ancillary costs, arrears, and damage charges.
Can a guarantor withdraw from the guaranty?
Once given, a guaranty cannot be freely withdrawn. However, if material circumstances change (e.g. the tenancy is extended or the rent increases significantly without the guarantor's consent), the guarantor may have grounds to contest the extended liability. Guarantors should notify the landlord in writing if they wish to terminate a guaranty at the earliest possible date under the terms agreed.
What is the difference between a guarantor and a co-tenant?
A co-tenant (Mitmieter) is jointly and severally liable for all obligations under the rental agreement as a party to the contract — not as a guarantor. A guarantor is a third party who assumes secondary (or, in the case of Solidarbuergschaft, primary) liability for the tenant's obligations. The two roles have different legal bases and different implications for credit assessment and liability extent.
What happens to the guaranty if the tenant changes?
If the tenancy is transferred to a new tenant (Mieterwechsel) without the guarantor's explicit consent, the guarantor's liability does not automatically extend to the new tenant's obligations. Guarantors should review any tenancy transfer carefully and confirm in writing whether they agree to extend their guaranty to cover the new tenant.