The Early Lease Termination Agreement is a crucial document used in Switzerland when both landlord and tenant agree to end a lease before its scheduled termination date. This document is essential for properly documenting the mutual agreement to terminate, protecting both parties' interests, and ensuring compliance with Swiss tenancy law. It addresses key aspects such as the agreed termination date, financial settlements including security deposit handling, property handover procedures, and mutual releases from ongoing obligations. The agreement must comply with the Swiss Code of Obligations and any applicable cantonal regulations, making it particularly important to include all legally required elements while maintaining clarity and fairness for all parties involved.
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1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the original lease agreement and the circumstances leading to early termination
3. Definitions: Definition of key terms used throughout the agreement
4. Termination Date: Clear specification of the agreed early termination date and confirmation that both parties agree to terminate the lease on this date
5. Financial Settlement: Details of any rent payments due until termination, handling of security deposit, and any agreed compensation or penalties
6. Property Handover: Requirements and process for returning the property, including condition requirements and inspection procedures
7. Release and Waiver: Mutual release from ongoing obligations under the original lease agreement, subject to completion of agreed terms
8. Governing Law: Confirmation that the agreement is governed by Swiss law and specification of the relevant canton
1. Utilities and Services: Include when there are specific arrangements needed for the transfer or termination of utility contracts or services
2. Renovation Works: Include when there are specific agreements about restoration or renovation works required before handover
3. Forwarding Address: Include when specific arrangements are needed for future correspondence or return of deposits
4. Outstanding Repairs: Include when there are existing maintenance issues that need to be addressed before termination
5. Sub-tenant Provisions: Include when there are sub-tenants involved who need to be addressed in the termination process
1. Schedule 1 - Property Inventory: Detailed inventory of the property and its contents, including condition assessment
2. Schedule 2 - Financial Statement: Breakdown of all financial settlements, including rent calculations, deposit returns, and any deductions
3. Schedule 3 - Handover Protocol: Checklist and procedure for the final property inspection and handover
4. Appendix A - Original Lease Agreement: Copy of the original lease agreement being terminated
5. Appendix B - Photographic Evidence: Current photographs of the property condition (if relevant)
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