Short Term Tenancy Agreement Template for Switzerland
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What is a Short Term Tenancy Agreement?
The Short Term Tenancy Agreement is essential for temporary property rentals in Switzerland, typically used for periods under one year. This document is crucial for both residential and commercial properties, providing a legally compliant framework under Swiss federal and cantonal laws. It's particularly relevant for situations involving temporary relocations, interim housing solutions, or short-term commercial space needs. The agreement must adhere to strict Swiss tenant protection laws while balancing the interests of both parties. It includes detailed provisions on rent, utilities, maintenance, and termination rights, all aligned with the Swiss Code of Obligations. This document type is commonly used in urban centers and tourist areas where short-term rentals are prevalent.
About the Short Term Tenancy Agreement
A Short Term Tenancy Agreement is a legally binding contract that governs temporary rental arrangements in Switzerland, typically for periods ranging from a few weeks to under one year. This document provides essential legal protection for both landlords and tenants while ensuring compliance with Switzerland's comprehensive tenant protection laws under the Swiss Code of Obligations.
When do you need this document?
You need a Short Term Tenancy Agreement when renting property for temporary periods, such as corporate housing for business relocations, interim accommodation during home renovations, or seasonal rentals in tourist areas. This agreement is essential for furnished apartments rented to international workers, temporary commercial spaces for pop-up businesses, or holiday lets in ski resorts and city centers. Property management companies frequently use these agreements for serviced apartments, while real estate agents require them for clients needing flexible housing solutions during property searches or work assignments.
Key legal considerations
Your agreement must clearly define the rental period, as Swiss law treats short-term rentals differently from standard tenancy agreements. The deposit amount cannot exceed three months' rent under the Swiss Code of Obligations, and you must specify how utilities, maintenance, and operating costs are allocated between parties. Include detailed property condition clauses and inventory lists to protect against damage disputes. Address termination rights carefully, as short-term agreements may have different notice requirements than standard leases. Ensure rent calculation complies with local market rates and include provisions for any included services like cleaning, utilities, or furnished items. Consider insurance requirements and liability allocation, particularly for furnished properties or those including high-value fixtures.
Legal requirements in Switzerland
Swiss law requires your Short Term Tenancy Agreement to comply with Articles 253-274g of the Swiss Code of Obligations, which mandate specific tenant protection provisions even for temporary rentals. You must provide written notice of rent increases using official forms and cannot charge excessive rents compared to local market rates. Cantonal laws may impose additional requirements regarding notice periods, deposit handling, and formal documentation. If your property is in a tourist area, ensure compliance with the Federal Act on the Second Home Act, which may restrict certain types of short-term rentals. Your agreement must specify the exact rental period, as indefinite terms may convert the arrangement into a standard tenancy with enhanced tenant protections. Include proper identification of all parties, detailed property descriptions, and clear termination procedures. Security deposits must be held in a separate account, and you must provide tenants with information about rent dispute resolution procedures through local rental boards.
GOVERNING LAW
Applicable law
This Short Term Tenancy Agreement is drafted to comply with Switzerland law. Key legislation includes:
Swiss Civil Code (ZGB/CC): Contains fundamental principles of property law and personal rights relevant to tenancy relationships
Ordinance on Rental and Lease of Residential and Commercial Premises (VMWG/OBLF): Details specific regulations regarding rent calculation, operating costs, and maintenance obligations
Federal Act on the Second Home Act (ZWG): May be relevant if the property is in a tourist area or involves a holiday home
Cantonal Implementation Laws: Local regulations that may affect tenancy agreements, particularly regarding notice periods and formal requirements
Federal Act on Unfair Competition (UWG/LCD): Relevant for ensuring that contract terms are not unfair or abusive to either party
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