Commercial Lease Agreement for Switzerland

Commercial Lease Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that establishes the terms and conditions for leasing commercial property in Switzerland. The agreement is structured in accordance with the Swiss Code of Obligations (OR/CO) and relevant cantonal regulations, detailing the rights and obligations of both landlord and tenant. It covers essential elements including property specifications, rental terms, maintenance responsibilities, permitted use, and termination conditions, while incorporating specific Swiss legal requirements such as rent control provisions and mandatory notice periods.

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What is a Commercial Lease Agreement?

The Commercial Lease Agreement is a crucial document used when a property owner (landlord) agrees to rent out commercial space to a business tenant in Switzerland. This document is essential for establishing a legally binding relationship between the parties and must comply with Swiss federal law, particularly the Swiss Code of Obligations, as well as applicable cantonal regulations. It typically includes detailed provisions about the property, rent calculations, maintenance obligations, permitted use, and termination conditions. The agreement is particularly important as Swiss law provides specific protections and obligations for commercial tenancies, requiring careful consideration of mandatory legal provisions and customary business practices.

What sections should be included in a Commercial 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 commercial property

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

4. Property Description: Detailed description of the leased premises, including exact location, size, and permitted use

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

6. Rent and Other Charges: Rent amount, payment terms, additional charges, utilities, and annual adjustments

7. Security Deposit: Details of the required security deposit and its management

8. Use of Premises: Permitted commercial activities and any restrictions on use

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

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

11. Alterations and Improvements: Rules regarding modifications to the premises

12. Access and Inspection: Landlord's rights to access the premises

13. Assignment and Subletting: Conditions for transferring or subletting the premises

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

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

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

17. Notices: Communication procedures between parties

18. Execution: Signature blocks and execution details

What sections are optional to include in a Commercial Lease Agreement?

1. Operating Costs (Nebenkostens): Detailed breakdown of operating costs when not included in base rent

2. Common Areas: Rules for shared facilities when premises are part of larger building

3. Environmental Provisions: Special environmental requirements for certain business types

4. Building Rules: Additional rules when premises are part of larger building complex

5. Signage Rights: Provisions for external and internal business signage

6. Parking: Parking space allocation and rules if parking is available

7. Initial Fit-Out Works: Terms for initial tenant improvements before occupancy

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

9. Competition Protection: Non-competition provisions for retail locations

10. Force Majeure: Provisions for extraordinary circumstances affecting lease obligations

What schedules should be included in a Commercial Lease Agreement?

1. Floor Plans: Detailed plans showing the leased area and measurements

2. Inventory List: List of fixtures, fittings, and equipment included in the lease

3. Condition Report: Detailed description of premises condition at commencement

4. Building Services: Technical specifications of building services and systems

5. House Rules: Detailed building regulations and policies

6. Maintenance Schedule: Schedule of maintenance responsibilities for both parties

7. Rental Payment Schedule: Detailed breakdown of rent payments and adjustments

8. Insurance Requirements: Specific insurance requirements and coverage levels

9. Approved Alterations: Pre-approved modifications or planned alterations

10. Operating Costs Breakdown: Detailed list of includable operating costs and calculation methods

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Office Space

Industrial

Hospitality

Healthcare

Professional Services

Manufacturing

Warehousing and Logistics

Technology

Banking and Financial Services

Food and Beverage

Entertainment

Education

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk and Compliance

Property Management

Business Development

Asset Management

Administration

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Commercial Director

Operations Manager

Chief Financial Officer

Business Development Manager

Asset Manager

Lease Administrator

Risk Manager

Compliance Officer

General Counsel

Contract Manager

Real Estate Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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