The Swiss Lease Agreement (Lease LOI) is a fundamental document used for establishing rental relationships in Switzerland, whether for residential or commercial properties. This agreement type is specifically designed to comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations (CO) and the Ordinance on Rental and Lease of Residential and Commercial Premises (VMWG/OBLF). The document is essential when any natural or legal person wishes to rent out property in Switzerland, incorporating mandatory tenant protection provisions, detailed maintenance obligations, and specific requirements for rent adjustments. Its use is mandatory for formal lease arrangements in Switzerland, and it must include certain prescribed elements to be legally valid under Swiss law.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Brief context of the lease arrangement and property description
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises, including address, size, and included facilities
5. Term of Lease: Duration of the lease, commencement date, and termination provisions
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Security Deposit: Amount, form, and conditions of the security deposit as per Swiss law
8. Utilities and Ancillary Costs: Specification of additional costs and their allocation between parties
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of each party for maintenance, repairs, and renovations
11. Insurance: Required insurance coverage for both parties
12. Access Rights: Landlord's right to access the property and notice requirements
13. Termination: Conditions and procedures for termination by either party
14. Return of Property: Conditions for returning the property at lease end
15. Governing Law: Confirmation of Swiss law application and jurisdiction
16. Signatures: Execution section for all parties
1. Subletting: Include when subletting might be permitted, specifying conditions as per Swiss law
2. Renovation Works: Include when specific renovation works are planned or permitted during the lease
3. Parking: Include when parking spaces are part of the lease
4. Pets: Include when specific rules about keeping pets need to be addressed
5. Common Areas: Include for multi-unit buildings with shared facilities
6. Commercial Use Provisions: Include for commercial property leases
7. Green Lease Provisions: Include when incorporating environmental sustainability requirements
8. Option to Extend: Include when offering the tenant an option to extend the lease term
9. Break Clause: Include when early termination options are offered
1. Schedule 1 - Property Inventory: Detailed inventory of furniture, fixtures, and fittings
2. Schedule 2 - Property Condition Report: Detailed description of property condition at lease start
3. Schedule 3 - House Rules: Building or complex rules and regulations
4. Schedule 4 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities
5. Schedule 5 - Utility Agreements: Details of utility arrangements and responsibilities
6. Appendix A - Floor Plan: Detailed floor plan of the leased premises
7. Appendix B - Energy Performance Certificate: Property's energy efficiency rating and details
8. Appendix C - Insurance Requirements: Detailed insurance requirements for both parties
9. Appendix D - Handover Protocol: Template for recording property condition at handover
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