The Early Termination of Lease Agreement is a critical document used when parties wish to formally end a lease before its scheduled expiration date under Swiss law. This document is particularly relevant when either the landlord and tenant mutually agree to terminate early, or when circumstances permit unilateral early termination under Swiss tenancy law. The agreement encompasses essential elements required by the Swiss Code of Obligations, including specific termination dates, final settlements, property inspection procedures, and security deposit arrangements. It's designed to provide legal certainty and protection for all parties while ensuring compliance with Swiss legal requirements for lease termination. The document can be adapted for both residential and commercial properties, incorporating necessary provisions based on the specific situation and property type.
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1. Parties: Identification of the Landlord and Tenant with full legal names and addresses
2. Background: Reference to the original lease agreement, its date, and brief context for early termination
3. Definitions: Key terms used in the agreement including 'Premises', 'Original Lease', 'Termination Date', and 'Security Deposit'
4. Early Termination Agreement: Mutual agreement to terminate the lease early and specific termination date
5. Final Rent Payment: Details of the final rent payment including pro-rata calculations if applicable
6. Security Deposit: Arrangements for the return of the security deposit and timeline
7. Property Inspection: Process and timing for final inspection of the premises
8. Handover Requirements: Specific conditions for returning the property including cleaning and repairs
9. Release of Obligations: Mutual release of future obligations under the original lease
10. Governing Law: Confirmation of Swiss law application and jurisdiction
11. Signatures: Execution section for all parties including date and place of signing
1. Outstanding Payments: Include when there are utility bills, service charges, or other payments to be settled
2. Forwarding Address: Include when tenant needs to provide new contact details for future correspondence
3. Key Return: Include when specific arrangements for key return need to be documented
4. Damages Settlement: Include when there are existing damages to be addressed
5. Mail Forwarding: Include when arrangements for forwarding mail need to be specified
6. Early Termination Fee: Include when a penalty or fee is being charged for early termination
7. Tenant Improvements: Include when there are fixtures or improvements installed by tenant that need addressing
1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement referenced in the termination
2. Schedule 2 - Property Inspection Checklist: Detailed checklist for final inspection of the property
3. Schedule 3 - Photographic Evidence: Current photographs of the property condition
4. Schedule 4 - Utility Accounts: List of utility accounts to be closed or transferred
5. Schedule 5 - Outstanding Payments Schedule: Detailed list of any outstanding payments or credits
6. Schedule 6 - Keys and Access Devices Inventory: List of all keys and access devices to be returned
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