This Commercial Rental Agreement is essential for businesses seeking to lease commercial space in Switzerland and property owners looking to rent out their commercial properties. The document is designed to comply with Swiss federal law, particularly the Swiss Code of Obligations (OR/CO), while accommodating cantonal-specific requirements. It addresses key aspects such as rental payments, maintenance responsibilities, permitted commercial activities, and termination conditions. The agreement is particularly important as commercial leases in Switzerland often involve long-term commitments and significant financial obligations, requiring careful consideration of both parties' rights and responsibilities. It includes specific provisions for security deposits, rent adjustments, and maintenance obligations that are unique to Swiss commercial property law.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers for corporate entities
2. Background: Context of the rental agreement and brief description of the commercial property and intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rented premises, including exact location, size, and included facilities
5. Term and Commencement: Duration of the lease, commencement date, and any renewal options
6. Rent and Other Charges: Rental amount, payment terms, security deposit, and additional charges such as utilities and maintenance fees
7. Use of Premises: Permitted commercial activities and any restrictions on use
8. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and renovations
9. Insurance and Liability: Insurance requirements and allocation of risks between parties
10. Alterations and Improvements: Rules and procedures for making modifications to the premises
11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Signatures: Execution section for all parties
1. Operating Hours: For retail or service businesses, specific provisions regarding business hours and access times
2. Common Areas: For properties in multi-tenant buildings or complexes, rules regarding shared facilities
3. Environmental Compliance: For businesses with potential environmental impact, specific environmental obligations and compliance requirements
4. Signage Rights: For retail or visible commercial locations, regulations regarding external signage and advertising
5. Parking: For properties with parking facilities, allocation and rules for parking spaces
6. Competition Restrictions: For retail locations, particularly in shopping centers, restrictions on competing businesses
7. Force Majeure: Provisions for unforeseen circumstances affecting business operations
8. Break Clause: Optional early termination provisions for longer-term leases
1. Floor Plan: Detailed plans showing the exact premises being leased, including measurements and boundaries
2. Inventory: List of any fixtures, fittings, or equipment included in the lease
3. Service Charges Breakdown: Detailed breakdown of service charges and calculation method
4. Building Rules and Regulations: Specific rules governing the use of the building or complex
5. Fit-out Specifications: Technical specifications for any permitted tenant improvements or modifications
6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities between landlord and tenant
7. Insurance Requirements: Specific insurance requirements and minimum coverage levels
8. Environmental Standards: Detailed environmental compliance requirements and standards
Relevant legal definitions
Clauses
Relevant Industries
Retail
Professional Services
Hospitality
Manufacturing
Technology
Healthcare
Financial Services
Logistics and Warehousing
Education
Entertainment and Leisure
Food and Beverage
Real Estate
Relevant Teams
Legal
Facilities Management
Finance
Operations
Risk and Compliance
Procurement
Real Estate
Business Development
Administration
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Facilities Manager
Property Manager
Real Estate Manager
Legal Counsel
Business Development Manager
Operations Director
Store Manager
Office Manager
Procurement Manager
Risk Manager
Compliance Officer
Restaurant Manager
Retail Manager
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