Tenancy Agreement Template for Switzerland

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Key Requirements PROMPT example:

Tenancy Agreement

I need a tenancy agreement for a residential property in Zurich, with a fixed-term lease of 12 months, including provisions for subletting with landlord approval, and a security deposit equivalent to two months' rent.

What is a Tenancy Agreement?

A Tenancy Agreement is a binding contract between a landlord and tenant that sets out the rules for renting a property in Switzerland. It covers key details like the monthly rent, security deposit, and duration of the lease, following Swiss tenancy law (Code of Obligations).

Swiss rental contracts typically include specific terms about maintenance responsibilities, utility payments, and notice periods. Most agreements use standardized forms approved by cantonal authorities, though landlords and tenants can negotiate additional terms as long as they comply with Swiss rental regulations. The agreement protects both parties' rights and helps prevent future disputes.

When should you use a Tenancy Agreement?

Use a Tenancy Agreement anytime you rent out or rent a property in Switzerland, even when dealing with family or friends. This legal safeguard becomes essential before handing over keys or moving in, protecting both landlord and tenant under Swiss rental law.

The agreement proves particularly valuable when setting up long-term residential leases, commercial rentals, or shared housing arrangements. It helps prevent misunderstandings about rent increases, maintenance duties, and termination rights. Swiss law requires written documentation for many rental terms, making a proper agreement vital for legal compliance and dispute prevention.

What are the different types of Tenancy Agreement?

Who should typically use a Tenancy Agreement?

  • Property Owners/Landlords: Create and enforce Tenancy Agreements to protect their property rights and outline rental terms
  • Tenants: Review, negotiate, and sign agreements to secure their living or business space and understand their rights
  • Property Management Companies: Handle agreements on behalf of landlords, managing multiple properties and tenant relationships
  • Real Estate Agents: Facilitate rental transactions and help draft agreements that meet Swiss legal requirements
  • Legal Professionals: Review and customize agreements to ensure compliance with Swiss tenancy law and protect client interests

How do you write a Tenancy Agreement?

  • Property Details: Gather exact address, property type, and included amenities or furnishings
  • Party Information: Collect full legal names, contact details, and identification documents of all parties
  • Financial Terms: Calculate monthly rent, security deposit amount, and payment schedule
  • Lease Duration: Determine start date, end date, and notice period requirements
  • House Rules: List specific regulations about pets, noise, smoking, and maintenance responsibilities
  • Insurance Requirements: Specify mandatory tenant insurance coverage under Swiss law
  • Documentation: Prepare property condition report and inventory list before finalizing

What should be included in a Tenancy Agreement?

  • Parties & Property: Full legal names of landlord and tenant, complete property address and description
  • Rental Terms: Monthly rent amount, payment schedule, security deposit details, lease duration
  • Utility Arrangements: Clear breakdown of which party pays for water, heating, electricity, and other services
  • Maintenance Duties: Specific responsibilities for repairs and upkeep as per Swiss Code of Obligations
  • Notice Periods: Required timeframes for termination and rent adjustments under cantonal law
  • Use Restrictions: Allowed property usage, subletting rules, and occupancy limits
  • Signatures & Date: Space for all parties to sign, including property management if applicable

What's the difference between a Tenancy Agreement and a Construction Agreement?

A Tenancy Agreement differs significantly from a Construction Agreement in several key aspects, though both relate to property matters in Switzerland. While both are legally binding contracts, they serve distinct purposes and involve different obligations.

  • Duration and Purpose: Tenancy Agreements govern ongoing property use and occupation, while Construction Agreements cover specific building projects with defined completion dates
  • Parties Involved: Tenancy involves landlords and tenants, whereas Construction Agreements bind property owners and contractors
  • Payment Structure: Rent payments are typically monthly and continuous in tenancy, while construction payments often follow project milestones
  • Legal Framework: Tenancy falls under Swiss rental law (Code of Obligations), while Construction Agreements align with contract and building regulations
  • Termination Rights: Tenancy includes specific notice periods and tenant protections, whereas Construction Agreements focus on completion criteria and warranty periods

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