The Main Tenant And Subtenant Agreement is essential for situations where an existing tenant wishes to sublet all or part of their rented property to another party in Switzerland. This document is particularly relevant in urban areas with high mobility rates, student populations, or corporate housing needs. The agreement must comply with Articles 253-274 of the Swiss Code of Obligations and applicable cantonal regulations, requiring careful consideration of both the main lease terms and subtenant's rights. It typically includes detailed provisions for rent, utilities, maintenance responsibilities, security deposits, and termination conditions. The document is crucial for protecting all parties' interests while ensuring transparency in the subletting arrangement and maintaining compliance with Swiss housing laws. It's commonly used in situations involving temporary relocations, extended travel, or when tenants need to optimize their rental costs.
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1. Parties: Identification of the main tenant and subtenant with full legal names, addresses, and contact details
2. Background: Context of the sublease, reference to the main lease agreement, and confirmation of landlord's consent where obtained
3. Definitions: Key terms used throughout the agreement including 'Property', 'Main Lease', 'Sublease Period', and other relevant terms
4. Subject Matter of Sublease: Detailed description of the subleased property or portions thereof, including any shared spaces and access rights
5. Term and Termination: Duration of sublease, start and end dates, notice periods, and conditions for early termination
6. Rent and Other Charges: Rental amount, payment terms, utilities, maintenance charges, and other financial obligations
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Use of Property: Permitted uses, occupancy limits, and restrictions on property use
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and reporting of damages
10. Insurance and Liability: Required insurance coverage and allocation of liability between parties
11. House Rules: Compliance with building regulations and main lease terms
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
1. Furnished Property Provisions: Additional terms for furnished properties, including inventory list and condition assessment
2. Pets: Specific provisions regarding keeping pets, if allowed
3. Parking: Terms for use of parking spaces if included in the sublease
4. Special Use Provisions: Additional terms for specific use cases (e.g., home office, music practice)
5. Utilities Split: Detailed breakdown of utility cost sharing if not included in rent
6. Renovation and Alterations: Terms for making changes to the property, if permitted
7. Subletting and Assignment: Terms regarding further subletting or assignment rights, if any
1. Schedule 1 - Property Description: Detailed description of the subleased premises including floor plans and photographs
2. Schedule 2 - Inventory List: Detailed list of furniture and equipment if property is furnished
3. Schedule 3 - Condition Report: Initial condition report of the property and any existing damage
4. Schedule 4 - House Rules: Copy of building regulations and house rules
5. Schedule 5 - Main Lease Agreement: Copy of relevant portions of the main lease agreement
6. Schedule 6 - Landlord's Consent: Written consent from the landlord for the sublease arrangement
7. Schedule 7 - Utility Agreements: Details of utility arrangements and payment responsibilities
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