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Office Space Lease Agreement for Switzerland

Office Space Lease Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law, specifically the Swiss Code of Obligations (OR/CO), that establishes the terms and conditions for leasing commercial office space in Switzerland. This agreement outlines the rights and obligations of both landlord and tenant, including rent payments, maintenance responsibilities, permitted use of the premises, and operating costs (Nebenkosten). It incorporates specific Swiss legal requirements for commercial leases while addressing practical aspects such as security deposits, insurance requirements, and building regulations. The document is structured to ensure compliance with cantonal and federal regulations while providing clear guidelines for the ongoing landlord-tenant relationship.

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What is a Office Space Lease Agreement?

The Office Space Lease Agreement is a critical document used when a business or organization seeks to lease commercial office space in Switzerland. It serves as the primary legal instrument governing the relationship between landlord and tenant, incorporating requirements from the Swiss Code of Obligations and relevant cantonal laws. This document is essential for both newly established businesses seeking their first office space and existing companies expanding or relocating their operations. The agreement covers crucial aspects such as rent determination, operating costs, maintenance obligations, and tenant improvements, while ensuring compliance with Swiss commercial property regulations. It's particularly important in Switzerland's major business centers like Z��rich, Geneva, and Basel, where commercial real estate transactions require careful attention to both federal and cantonal requirements.

What sections should be included in a Office Space Lease Agreement?

1. Parties: Identification and details of the Landlord and Tenant, including full legal names, addresses, and registration details for companies

2. Background: Context of the lease agreement and brief description of the premises

3. Definitions: Definitions of key terms used throughout the agreement

4. Premises: Detailed description of the leased space, including exact location, floor area, and included facilities

5. Term: Duration of the lease, commencement date, and any renewal options

6. Rent and Other Charges: Rent amount, payment terms, operating costs (Nebenkosten), and rent review mechanisms

7. Security Deposit: Details of the required security deposit and its management as per Swiss law

8. Use of Premises: Permitted use of the premises and any restrictions

9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and renovations

10. Insurance and Liability: Required insurance coverage and allocation of liability

11. Utilities and Services: Provisions regarding utilities, services, and their costs

12. Access and Security: Rules regarding access to the premises and security arrangements

13. Alterations and Improvements: Procedures and permissions for making changes to the premises

14. Subletting and Assignment: Rules regarding subletting and assignment rights

15. Termination: Grounds for termination, notice periods, and procedures

16. Return of Premises: Conditions for returning the premises at lease end

17. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

18. Notices: Methods and addresses for official communications

What sections are optional to include in a Office Space Lease Agreement?

1. Parking: Terms for parking spaces if included in the lease

2. Signage Rights: Rules regarding external and internal signage if applicable

3. Common Areas: Rules for use of shared facilities in multi-tenant buildings

4. Green Lease Provisions: Environmental and sustainability requirements if relevant

5. Building Management: Specific rules relating to building management in larger commercial properties

6. Covid-19 or Health Emergency Provisions: Special provisions regarding health emergencies and related restrictions

7. Break Clause: Early termination options if agreed between parties

8. Fit-out Works: Specific provisions for initial tenant improvements and fit-out work

What schedules should be included in a Office Space Lease Agreement?

1. Floor Plan: Detailed plan of the leased premises

2. Inventory: List of any furnishings or equipment included in the lease

3. Building Rules and Regulations: Detailed building rules and operational guidelines

4. Service Charge Budget: Breakdown of estimated operating costs and service charges

5. Condition Report: Detailed description of premises condition at lease start

6. Fit-out Specifications: Technical specifications for any permitted tenant improvements

7. Building Insurance Certificate: Copy of landlord's building insurance

8. Maintenance Schedule: Detailed breakdown of maintenance responsibilities

9. Utility Meters and Readings: Initial meter readings and meter locations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Tenancy Agreement

Cost

Free to use

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