Rental guarantee insurance

Rental guarantee insurance can be quite useful in certain cases. If tenants are unable or unwilling to provide a sufficient rental deposit, insurance may be an alternative. In this case, the tenant can pay an insurance premium instead of a cash deposit or a rent deposit, which can vary depending on the provider and the contract design. Premiums usually are between 0.3% and 0.6% of the rental deposit

The advantage is that the money for the rental deposit can remain in your own account and is not tied up. In the event of damage, the insurance company can step in quickly and unbureaucratically compensate the damage.

ATTENTION: The rental deposit insurance does not replace the personal liability and household insurance.

However, it should be noted that rental guarantee insurance premiums must be paid periodically over the term of the lease.

A decision for or against rent deposit insurance depends on individual factors, such as the financial situation of the tenant, the requirements of the landlord or landlady, and the terms of the insurance contract. It is advisable to compare different offers and seek independent advice before signing a contract.

The insurance company is Generali, Allgemeine Versicherungen AG (hereinafter “Generali”),
Avenue Perdtemps 23, 1260 Nyon 1. Pursuant to Art. 14, notifications in connection with this insurance contract are to be addressed to 3A KAUTION, Gewerbestrasse 6, 6330 Cham ZG, as representative of Generali.

3A Alternative Assurance Agency GmbH AG (hereinafter “3A KAUTION”) Is the agent of Generali for the present rental deposit insurance and prepares the corresponding documents. All communications in connection with this rental deposit insurance policy should therefore be addressed to 3A KAUTION. Address and availability of 3A KAUTION can be found on the guarantee as well as in the General Conditions of Insurance (AVB).

a. The rental deposit insurance is not a liability insurance. The rental deposit insurance insures the landlord’s risk that the tenant will not pay any claims arising from the rental agreement against his landlord. To secure these claims, the landlord receives a rental deposit guarantee from Generali in his favor with a maximum amount specified therein.
b. The policyholders (contracting party) of Generali from this insurance are the tenants named in the guarantee certificate and in the insurance confirmation.
c. For the scope of the insurance coverage, reference is made to the application or the offer, the insurance confirmation as well as the guarantee certificate and the contract conditions.
d. The rental deposit insurance is a damage insurance.

The premium and its due date can be found in the application and the insurance confirmation. Federal stamp duty is included in the insurance premium.

a. The obligations of the policyholder are governed by the terms and conditions of the contract and the Insurance Contract Act (VVG).
b. If Generali has to make payments to the landlord from the rental deposit guarantee, the policyholder is obliged to repay this amount to Generali by name.
c. The policyholder is also obliged to inform 3A KAUTION as the representative of Generali immediately if his rental relationship with the landlord is terminated or if the landlord asserts claims against him under the rental agreement.

a. The insurance begins with the handover of the original of the rental deposit guarantee to the landlord or his administration, but at the earliest from the start of the lease or the start of the guarantee in the case of the replacement of an existing security.
b. The Lessee and Generali may terminate the guarantee agreement at any time and without notice, provided that equivalent security is presented to the Lessor or its representative. If the tenant terminates the contract, he must return the original certificate to Generali. 3A KAUTION will accept notice of termination upon presentation of an agreement by the Lessor or the Lessor’s representative in a written form or in any other form that provides proof by text. In this case 3A KAUTION and Generali are immediately released from their obligations.
In the following cases, the contract is also automatically terminated and 3A KAUTION and Generali are immediately released from their obligations:
– in case of an agreement of the lessee and lessor in a written form or in another form that allows proof by text;
– in case of an enforceable judgment releasing 3A KAUTION and Generali from their obligations;
– upon return of the original guarantee certificate;
– if the Tenant requests the release of 3A KAUTION and Generali from your obligations towards the Landlord and provides proof that he/she has left the premises affected by the guarantee contract for more than one year: in this case, 3A KAUTION must inform the Landlord or his representative; if the Landlord or his representative does not provide proof within 14 days after sending this information that he has taken legal action against the Landlord or initiated a debt collection against him in the following year after the return of the Premises, 3A KAUTION and Generali’s obligation will lapse by operation of law.
c. The policyholder may revoke his application to conclude the guarantee contract or the declaration to accept it, in writing or in any other form that allows proof by text. The revocation period is 14 days and begins as soon as the policyholder has applied for or accepted the guarantee contract.

3A KAUTION and Generali process your personal data in compliance with all relevant data protection regulations. Detailed information about the processing is listed in the privacy statements of Generali and 3A KAUTION. The respective valid versions are available at any time at www.generali.ch/datenschutz and www.3A KAUTION.ch/en/imprint.

Only liabilities arising from rental relationships for properties located in Switzerland are insured.

Persons with their place of residence or company headquarters in Switzerland are insured.

a. The subject matter of the rental deposit insurance is all tenant’s liabilities under rental law arising from the tenancy specified in the certificate of surety.
b. The landlord shall receive a rental deposit surety certificate as security.
c. Performance for all claims combined is limited to the surety amount stated in the rental deposit bond. If Generali provides services under the rental deposit guarantee, the guarantee amount is reduced by the amount paid in each case.

If Generali makes payments to the landlord under the rental deposit guarantee, it shall be subrogated to the rights of the landlord and shall be entitled to recourse against the tenant to the extent of the payment made by it upon first demand and waiving any defense. In the event of payment from the rental deposit guarantee, the policyholder (tenant) expressly declares that he agrees to any change of party from the landlord to Generali in any court and/or enforcement proceedings already pending at that time.

The insurance begins:
– with the handing over of the guarantee certificate to the lessor or his administration;
– however, at the earliest from the commencement of the lease or the commencement of the guarantee in the event of the replacement of an existing security.

The Lessee and Generali may terminate the guarantee agreement at any time and without notice, provided that equivalent security is presented to the Lessor or its representative. If the tenant terminates the contract, he must return the original certificate to Generali. 3A KAUTION will accept notice of termination upon presentation of an agreement by the Lessor or the Lessor’s representative in a written form or in any other form that provides proof by text. In this case 3A KAUTION and Generali are immediately released from their obligations.
In the following cases, the contract is also automatically terminated and 3A KAUTION and Generali are immediately released from their obligations:
– in case of an agreement of the lessee and lessor in a written form or in another form that allows proof by text;
– in the event of a corresponding judgment;
– upon return of the original guarantee certificate;
– if the Tenant requests the release of 3A KAUTION and Generali from your obligations towards the Landlord and provides proof that he/she has left the premises affected by the guarantee contract for more than one year: in this case, 3A KAUTION must inform the Landlord or his representative; if the Landlord or his representative does not provide proof within 14 days after sending this information that he has taken legal action against the Landlord or initiated a debt collection against him in the following year after the return of the Premises, 3A KAUTION and Generali’s obligation will lapse by operation of law.

a. If more than one tenant is listed on the certificate of surety, they shall be considered a tenant community and all shall be jointly and severally liable for all obligations under this insurance contract.
b. Each tenant is authorized to represent the tenant association alone and to make legally binding declarations on its behalf or on behalf of the other tenants in connection with this rental deposit insurance policy and the rental deposit guarantee.

a. The policyholder (tenant) is obligated, in the event that the landlord asserts the guarantee, to assert all defenses and objections against the reason, amount and existence of the asserted claims arising from the rental relationship against the landlord or to support Generali in the examination of such claims.
b. In the event of termination of the rental relationship, the policyholder is obliged to inform Generali of this within 30 days of its termination.
c. He is further obliged to inform Generali without delay if the Lessor asserts claims against the Lessee within the meaning of Art. 257e of the Swiss Code of Obligations during the term of the lease mentioned in the guarantee certificate or within one year of the termination of this lease.

Generali guarantees either only residential or commercial premises according to the guarantee certificate. If the Tenant and the Landlord agree to a change of use without the consent of Generali, all benefits provided by Generali to the Landlord under the guarantee and this rental deposit insurance shall lapse.

a. The Lessee is obliged to pay the premium on the agreed due date during the term of the contract. If the tenant does not pay the premium before the expiry of the stated premium due date, he will receive a reminder with a grace period of 14 days. Generali reserves the right to subsequently claim the premium under debt collection law or in court. In deviation from Art. 20 VVG, Generali’s obligation to pay benefits shall not be suspended.
b. The costs for the legal reminder and the debt collection request shall be reimbursed at a maximum of
CHF 50.00 or CHF 100.00 will be charged. A collection service provider may be engaged to collect the premiums.

a. Generali is entitled to adjust the premiums and/or the contract provisions. In such a case, the policyholder (lessee) shall be notified of the new contract provisions or the new premiums no later than 25 days before the expiry of the insurance period. The Lessee has the right to terminate the contract at the end of the insurance period no later than the premium due date.
b. The termination is only effective if the tenant has returned the original Generali rental deposit guarantee by the premium due date.
c. If the Lessee fails to give timely notice of termination, the adjustment of the contract shall be deemed approved.

All notifications are to be sent to 3A KAUTION, Gewerbestrasse 6, 6330 Cham ZG.

3A KAUTION and Generali process your personal data in compliance with all relevant data protection regulations. Detailed information about the processing is listed in the privacy statements of Generali and 3A KAUTION. The respective valid versions are available at any time at www.generali.ch/datenschutz and www.3A KAUTION.ch/en/imprint.

If legal economic, trade or financial sanctions conflict with this insurance contract, it shall not provide insurance coverage or other benefits from Generali. This shall apply irrespective of any contractual provisions to the contrary. In particular, Generali shall not be obliged to pay any damages or provide any other performance under this contract if Generali would thereby violate any trade or economic sanctions, laws or regulations, prohibitions, restrictions or resolutions of the UN, the EU, the USA and/or Switzerland (e.g. pursuant to the EmbG, the complete list of sanctioned persons, companies and organizations of the State Secretariat for Economic Affairs SECO). The current list of sanction provisions is available at www.generali.ch/sanktionen or from Customer Service.

a. The provisions of the Swiss Federal Law on Insurance Contracts (VVG) apply to this insurance contract. Any statutory provisions of cantonal law or federal law applicable to the guarantee, changes in supreme court rulings or the administrative practice of FINMA shall necessarily take precedence over these GTC in connection with the obligations arising from the lease agreement.
b. Canton of Geneva: The provisions of the law on the protection of guarantees provided by the tenant (dated April 18, 1975) apply.
c. Canton of Vaud: The provisions of the law “Rent Security Act” (dated September 15, 1971) apply.
d. The courts at Generali’s domicile, at the Tenant’s Swiss place of residence/domicile or at 3A KAUTION’s domicile are available to the Tenant and the Landlord as the place of jurisdiction for disputes arising from this contract.