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Practical Guide
I am in bankruptcy and I have a lease agreement
In the event of insolvency, the landlord may require securities for future rent within a reasonable period (art. 266h CO). Without securities, immediate termination is possible. Insolvency does not automatically terminate the lease agreement. The insolvency administration decides on the maintenance or termination of the lease. The…
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Applicable law articles
Critical Deadlines
- Information of the bankruptcy estate and the landlord — from the opening of bankruptcy
- Request for Securities from the Bankrupt Tenant — without delay upon notice of the bankruptcy (CO 266h / CO 257d / CO 257e)
- Time limit for providing securities — 30 days (reasonable)
- Extraordinary Termination and Restitution — immediately after expiration of the 30 days (CO 266h / LP 211)
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