The Assignment Of Lease Agreement is a crucial document used when an existing tenant wishes to transfer their lease rights and obligations to a new tenant under Swiss law. This type of agreement is commonly required in various situations, such as business restructuring, relocation, or when a tenant needs to exit a lease early. The document must comply with Article 263 of the Swiss Code of Obligations, which specifically requires the landlord's written consent for any lease transfer. The agreement comprehensively addresses the transfer of rights, obligations, and liabilities, including arrangements for security deposits, outstanding payments, and property condition. It's particularly important in commercial contexts but is also used for residential properties. The document provides legal certainty for all parties involved and ensures a smooth transition of tenancy rights while maintaining the landlord's interests.
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1. Parties: Identification of the Landlord, Original Tenant (Assignor), and New Tenant (Assignee)
2. Background: Details of the original lease agreement, property description, and reason for assignment
3. Definitions: Key terms used throughout the agreement including Property, Original Lease, Effective Date, etc.
4. Assignment and Assumption: Core provision transferring the lease from Assignor to Assignee
5. Landlord's Consent: Express consent of the landlord to the assignment as required by Swiss law
6. Effective Date: Date when the assignment becomes effective
7. Security Deposit: Arrangements for transfer or replacement of the security deposit
8. Assignor's Warranties: Warranties regarding the lease status, payments, and condition of premises
9. Assignee's Covenants: New tenant's commitment to comply with lease terms
10. Liability Provisions: Allocation of liabilities between Assignor and Assignee
11. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Broker Fees: Include when a broker was involved in arranging the assignment
2. Modifications to Original Lease: Include when any terms of the original lease are being modified with the assignment
3. Condition of Premises: Include when specific arrangements about property condition or inventory need to be documented
4. Commercial Terms: Include for commercial leases with specific business-related provisions
5. Insurance Requirements: Include when specific insurance arrangements need to be transferred or modified
6. Guarantees: Include when there are existing or new lease guarantees to be addressed
1. Original Lease Agreement: Copy of the original lease agreement being assigned
2. Property Description: Detailed description of the leased property including address and any parking spaces or storage units
3. Inventory List: List of any furniture, fixtures, or equipment included in the lease
4. Security Deposit Statement: Current status of security deposit and transfer arrangements
5. Consent Documentation: Any additional forms or certificates required for landlord's consent
6. Outstanding Obligations: List of any pending obligations, repairs, or payments under the original lease
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