The Extend Lease Agreement is utilized when parties to an existing lease wish to continue their landlord-tenant relationship beyond the original term. This document is crucial in Swiss real estate practice, whether for commercial or residential properties, and must comply with Swiss federal law (particularly the Code of Obligations) and relevant cantonal regulations. It typically includes details about the extension period, any rent adjustments (which must comply with Swiss rent control regulations), modified terms, and confirmations of unchanged conditions from the original lease. The agreement is particularly important in Switzerland's highly regulated rental market, where both landlords and tenants have specific rights and obligations that must be carefully documented. The Extend Lease Agreement serves as a formal amendment to the original lease, ensuring legal certainty and clear documentation of the parties' continued commitments.
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1. Parties: Identification of the landlord and tenant, including full legal names and addresses
2. Background: Reference to the original lease agreement, its date, and current status
3. Definitions: Key terms used in the extension agreement, including references to defined terms in the original lease
4. Extension Term: Specific details of the extension period, including start and end dates
5. Rent and Payment Terms: Confirmation of current or modified rent amount, payment schedule, and any indexation provisions
6. Confirmation of Existing Terms: Statement confirming which terms from the original lease remain in effect
7. Modifications to Original Lease: Clear specification of any terms that are being modified from the original lease
8. Representations and Warranties: Confirmations from both parties regarding their authority and capacity to extend the lease
9. Execution: Signature blocks for all parties and date of signing
1. Rent Review: Include when the extension involves a rent adjustment mechanism different from the original lease
2. Maintenance and Repairs: Include when modifying the maintenance obligations of either party
3. Security Deposit Adjustment: Include when the security deposit amount or terms are being modified
4. Break Options: Include when adding or modifying early termination rights
5. Permitted Use: Include when changing or clarifying the permitted use of the premises
6. Insurance Requirements: Include when modifying insurance obligations
7. Energy Efficiency Provisions: Include when adding requirements related to energy efficiency or sustainability
8. Subletting and Assignment: Include when modifying rights regarding subletting or assignment
1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement being extended
2. Schedule 2 - Floor Plans: Current floor plans of the leased premises, if any changes
3. Schedule 3 - Inventory: Updated inventory of fixtures and fittings, if applicable
4. Schedule 4 - Rent Calculation: Detailed breakdown of rent calculation including any indexation
5. Schedule 5 - Condition Report: Current condition report of the premises
6. Appendix A - Proof of Authority: Documentation proving signing authority for both parties
7. Appendix B - Insurance Certificates: Updated insurance certificates if required
8. Appendix C - Energy Performance Certificate: Current energy performance certificate if required by regulations
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