Company Let Tenancy Agreement Template for Switzerland

A Swiss company let tenancy agreement is a legally binding contract governed by Swiss law, specifically the Swiss Code of Obligations, that establishes the terms and conditions for the commercial lease of property between a landlord and a corporate tenant. This comprehensive document outlines crucial aspects including rent payments, maintenance responsibilities, permitted use, service charges, and other commercial terms specific to Swiss business property leasing. It incorporates mandatory Swiss legal requirements while providing flexibility for commercial-specific provisions, making it suitable for various business premises from offices to industrial spaces.

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What is a Company Let Tenancy Agreement?

The Company Let Tenancy Agreement is essential for businesses seeking to lease commercial premises in Switzerland. This document is specifically designed to comply with Swiss federal and cantonal regulations governing commercial property leases, including the Swiss Code of Obligations (OR/CO) and relevant commercial property ordinances. It's used when a company (rather than an individual) is the tenant, typically for office spaces, retail locations, industrial facilities, or other business premises. The agreement covers all crucial aspects of a commercial tenancy, from basic rent and service charges to specific commercial terms like operating hours, signage rights, and business use restrictions. This type of agreement differs from residential leases in its complexity and commercial focus, often incorporating provisions for business-specific modifications, operating requirements, and commercial insurance obligations.

What sections should be included in a Company Let Tenancy Agreement?

1. Parties: Identification of the landlord and tenant with full company details and registration numbers

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

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

4. Demise: Formal grant of the lease and description of the premises

5. Term: Duration of the lease, including start and end dates

6. Rent: Rent amount, payment terms, and schedule

7. Service Charges: Additional charges, utilities, and operating costs

8. Deposit: Security deposit requirements and conditions

9. Use of Premises: Permitted use and restrictions on use of the premises

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and renovations

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Rules regarding transfer of lease rights

13. Landlord's Obligations: Key responsibilities and warranties of the landlord

14. Tenant's Obligations: Key responsibilities and covenants of the tenant

15. Termination: Conditions and procedures for ending the lease

16. Notices: Communication requirements and contact details

17. Governing Law: Specification of Swiss law application and jurisdiction

What sections are optional to include in a Company Let Tenancy Agreement?

1. Break Clause: Early termination options - include when early break rights are negotiated

2. Rent Review: Mechanism for periodic rent adjustments - include for longer-term leases

3. Alterations: Rules for modifications to the premises - include when substantial modifications are anticipated

4. Environmental Provisions: Environmental obligations - include for industrial or specialized commercial use

5. Building Management: Rules for multi-tenant buildings - include when premises are part of larger complex

6. Parking: Parking rights and restrictions - include when parking facilities are part of the lease

7. Signage Rights: Rules for external and internal signage - include for retail or visible commercial locations

8. COVID-19 Provisions: Special arrangements for pandemics - include if specifically negotiated

What schedules should be included in a Company Let Tenancy Agreement?

1. Schedule 1 - Floor Plan: Detailed plans and measurements of the leased premises

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

3. Schedule 3 - Service Charge Details: Breakdown of service charges and calculation method

4. Schedule 4 - Building Rules: General rules and regulations for the building

5. Schedule 5 - Condition Report: Initial condition of the premises with photographs

6. Schedule 6 - Fit-out Specifications: Approved alterations and tenant improvement specifications

7. Schedule 7 - Insurance Requirements: Detailed insurance obligations for both parties

8. Appendix A - Handover Protocol: Template for recording the handover of premises

9. Appendix B - Operating Costs Breakdown: Detailed breakdown of operational costs and allocations

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Tenancy Agreement

Cost

Free to use

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