The Deposit Rental Agreement is a crucial document in Swiss rental relationships, required whenever a security deposit is collected from a tenant. Under Swiss law, particularly Article 257e of the Code of Obligations, rental deposits must be placed in a dedicated bank account in the tenant's name, with specific requirements for management and release. This document establishes the framework for compliance with these requirements, protecting both landlord and tenant interests. It specifies the deposit amount (which cannot exceed three months' rent), account management procedures, interest allocation, and release conditions. The agreement is essential for both residential and commercial rentals in Switzerland, ensuring transparency and legal compliance in deposit arrangements.
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1. Parties: Identification of the landlord, tenant, and the bank holding the deposit
2. Background: Context of the rental relationship and purpose of the deposit agreement
3. Definitions: Key terms used throughout the agreement including 'Deposit', 'Rental Agreement', 'Deposit Account'
4. Deposit Amount: Specification of the deposit amount and confirmation it does not exceed three months' rent
5. Bank Account Details: Information about the dedicated deposit savings account including account number and bank details
6. Payment Terms: Timeline and method for deposit payment
7. Account Management: Rules regarding the management of the deposit account, including interest allocation
8. Release Conditions: Conditions and process for releasing the deposit at the end of the tenancy
9. Rights and Obligations: Specific rights and obligations of all parties regarding the deposit
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Multiple Tenants: Additional provisions for cases with multiple tenants sharing the deposit
2. Third-Party Guarantor: Provisions for cases where a third party provides the deposit
3. Insurance Alternative: Terms for using deposit insurance instead of a cash deposit
4. Early Release Provisions: Special conditions for early release of the deposit
5. Deposit Increase/Decrease: Provisions for changing the deposit amount during the tenancy
6. Digital Communications: Terms for electronic notifications and communications regarding the deposit
1. Bank Account Details: Detailed information about the deposit account including bank details and account number
2. Rental Agreement Extract: Relevant excerpts from the main rental agreement showing the rent amount and term
3. Signature Requirements: Specific signature and authentication requirements for deposit release
4. Bank's Terms and Conditions: Standard terms and conditions of the bank for rental deposit accounts
5. Release Request Form: Standard form for requesting the release of the deposit
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