Commercial Rental Agreement for Switzerland

Commercial Rental 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 according to the Swiss Code of Obligations (OR/CO) and relevant cantonal regulations, covering essential aspects such as rental terms, maintenance obligations, permitted use, and liability provisions. It incorporates specific Swiss legal requirements for commercial properties while addressing both landlord and tenant interests, including provisions for rent adjustments, security deposits, and termination conditions typical in the Swiss commercial property market.

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What is a Commercial Rental Agreement?

This Commercial Rental Agreement is essential for businesses seeking to lease commercial space in Switzerland and property owners looking to rent out their commercial properties. The document is designed to comply with Swiss federal law, particularly the Swiss Code of Obligations (OR/CO), while accommodating cantonal-specific requirements. It addresses key aspects such as rental payments, maintenance responsibilities, permitted commercial activities, and termination conditions. The agreement is particularly important as commercial leases in Switzerland often involve long-term commitments and significant financial obligations, requiring careful consideration of both parties' rights and responsibilities. It includes specific provisions for security deposits, rent adjustments, and maintenance obligations that are unique to Swiss commercial property law.

What sections should be included in a Commercial Rental Agreement?

1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers for corporate entities

2. Background: Context of the rental agreement and brief description of the commercial property and intended use

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

4. Property Description: Detailed description of the rented premises, including exact location, size, and included facilities

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

6. Rent and Other Charges: Rental amount, payment terms, security deposit, and additional charges such as utilities and maintenance fees

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

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

9. Insurance and Liability: Insurance requirements and allocation of risks between parties

10. Alterations and Improvements: Rules and procedures for making modifications to the premises

11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

14. Signatures: Execution section for all parties

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

1. Operating Hours: For retail or service businesses, specific provisions regarding business hours and access times

2. Common Areas: For properties in multi-tenant buildings or complexes, rules regarding shared facilities

3. Environmental Compliance: For businesses with potential environmental impact, specific environmental obligations and compliance requirements

4. Signage Rights: For retail or visible commercial locations, regulations regarding external signage and advertising

5. Parking: For properties with parking facilities, allocation and rules for parking spaces

6. Competition Restrictions: For retail locations, particularly in shopping centers, restrictions on competing businesses

7. Force Majeure: Provisions for unforeseen circumstances affecting business operations

8. Break Clause: Optional early termination provisions for longer-term leases

What schedules should be included in a Commercial Rental Agreement?

1. Floor Plan: Detailed plans showing the exact premises being leased, including measurements and boundaries

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

3. Service Charges Breakdown: Detailed breakdown of service charges and calculation method

4. Building Rules and Regulations: Specific rules governing the use of the building or complex

5. Fit-out Specifications: Technical specifications for any permitted tenant improvements or modifications

6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities between landlord and tenant

7. Insurance Requirements: Specific insurance requirements and minimum coverage levels

8. Environmental Standards: Detailed environmental compliance requirements and standards

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
Clauses
Relevant Industries

Retail

Professional Services

Hospitality

Manufacturing

Technology

Healthcare

Financial Services

Logistics and Warehousing

Education

Entertainment and Leisure

Food and Beverage

Real Estate

Relevant Teams

Legal

Facilities Management

Finance

Operations

Risk and Compliance

Procurement

Real Estate

Business Development

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Facilities Manager

Property Manager

Real Estate Manager

Legal Counsel

Business Development Manager

Operations Director

Store Manager

Office Manager

Procurement Manager

Risk Manager

Compliance Officer

Restaurant Manager

Retail Manager

Industries
Swiss Code of Obligations (OR/CO) - Articles 253-274: Primary legislation governing lease agreements in Switzerland, covering basic provisions such as rights and obligations of landlords and tenants, rent payment, security deposits, and contract termination
Swiss Code of Obligations (OR/CO) - Articles 275-304: Specific provisions for commercial and residential property leases, including regulations on rent increases, maintenance obligations, and subletting
Federal Act on Unfair Competition (UWG): Relevant for commercial lease agreements, particularly regarding restrictive clauses and competition provisions in shopping centers or commercial zones
Cantonal Building and Planning Laws: Local regulations affecting commercial property use, zoning requirements, and building standards that may impact the lease agreement
Federal Act on Environmental Protection (EPA): Environmental regulations affecting commercial properties, including waste management and emissions standards that may need to be addressed in the lease
Federal Act on Fire Prevention: Safety requirements for commercial properties that need to be considered in the lease agreement, including maintenance and compliance obligations
Federal Act on Disability Discrimination: Regulations regarding accessibility requirements for commercial properties, which may need to be addressed in the lease agreement
Swiss Civil Code (ZGB) - Property Law Provisions: Fundamental property law principles that affect commercial lease relationships, including provisions on real estate and ownership rights
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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