This Commercial Tenancy Agreement template is designed for use in Switzerland when leasing commercial properties such as retail spaces, offices, warehouses, or industrial facilities. The document is structured in accordance with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations (Obligationenrecht) Articles 253-274g. It provides a comprehensive framework for commercial lease arrangements, including detailed provisions for rent calculation, operating costs, maintenance obligations, and specific Swiss regulatory requirements. The agreement is essential for businesses seeking to establish or expand their physical presence in Switzerland, ensuring compliance with local property laws while protecting both landlord and tenant interests. It includes provisions for service charges, insurance requirements, and building regulations specific to Swiss commercial properties.
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1. Parties: Identification of the landlord and tenant with full legal names, addresses, and registration details for companies
2. Background: Brief context of the agreement and description of the commercial property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Detailed description of the leased premises, including address, floor area, and permitted use
5. Term and Commencement: Duration of the lease, start date, and any renewal options
6. Rent and Other Payments: Rent amount, payment schedule, security deposit, and other financial obligations
7. Service Charges and Operating Costs: Allocation of operating costs, utilities, and other service charges
8. Use of Premises: Permitted commercial activities and restrictions on use
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations
10. Insurance and Liability: Required insurance coverage and liability provisions
11. Alterations and Improvements: Rules regarding modifications to the premises
12. Landlord's Obligations: Key responsibilities and warranties of the landlord
13. Tenant's Obligations: Key responsibilities and covenants of the tenant
14. Assignment and Subletting: Conditions for transferring or subletting the premises
15. Termination: Termination rights, notice periods, and consequences of termination
16. Default and Remedies: Events of default and available remedies
17. Notices: Process for formal communications between parties
18. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Break Clause: Early termination options - include when early break rights are negotiated
2. Rent Review: Mechanism for periodic rent adjustments - include when specific review mechanisms are agreed
3. Competition Protection: Restrictions on competing businesses - relevant for retail premises in shopping centers
4. Environmental Provisions: Specific environmental obligations - important for industrial or manufacturing premises
5. Signage Rights: Rules for external and internal signage - relevant for retail or branded premises
6. Parking: Allocation and rules for parking spaces - include when parking is part of the lease
7. Common Areas: Rights and obligations regarding shared spaces - relevant for multi-tenant buildings
8. Force Majeure: Provisions for extraordinary events - include based on specific business needs
9. Guarantees: Personal or corporate guarantee provisions - include when additional security is required
1. Floor Plan: Detailed plans showing the leased area and measurements
2. Inventory: List of fixtures, fittings, and equipment included in the lease
3. Service Charge Schedule: Detailed breakdown of service charges and calculation method
4. Building Rules: Specific rules and regulations for the building or complex
5. Condition Report: Initial condition of the premises with photographs
6. Fit-out Specifications: Approved alterations and tenant improvement specifications
7. Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Operating Hours: Permitted operating hours and access arrangements
9. Environmental Performance Certificate: Energy efficiency and environmental ratings
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