This Model Tenancy Agreement serves as a standardized template for residential property leases in Switzerland, designed to comply with Swiss federal legislation, particularly the Swiss Code of Obligations and the VMWG. It should be used when establishing new residential tenancy relationships in Switzerland, whether for private or institutional landlords. The agreement includes all essential provisions required by Swiss law, including mandatory tenant protections, while maintaining flexibility to accommodate specific property characteristics and requirements. This template is regularly updated to reflect changes in Swiss tenancy law and provides a secure legal framework for both landlords and tenants while reducing the risk of non-compliance with Swiss regulatory requirements.
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1. Parties: Identification of landlord and tenant(s) with full legal names and addresses
2. Background: Brief context of the agreement and property letting
3. Definitions: Key terms used throughout the agreement
4. Property Details: Detailed description of the rental property, including address and any included fixtures/fittings
5. Term of Lease: Duration of tenancy, start date, and type of lease (fixed-term or indefinite)
6. Rent and Other Charges: Rent amount, payment terms, utility charges, and other regular payments
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Use of Property: Permitted use of property and occupancy restrictions
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
10. Landlord's Obligations: Key duties and responsibilities of the landlord
11. Tenant's Obligations: Key duties and responsibilities of the tenant
12. Insurance: Required insurance coverage for both parties
13. Access and Inspection: Landlord's rights of entry and inspection
14. Termination: Conditions and process for terminating the agreement
15. Notices: How formal communications between parties should be made
16. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Pets: Rules regarding pet ownership - include if pets are permitted
2. Subletting: Terms for subletting - include if subletting is allowed
3. Parking: Parking arrangements - include if parking spaces are provided
4. Common Areas: Rules for common areas - include for apartment buildings
5. Garden Maintenance: Garden maintenance responsibilities - include for properties with gardens
6. Heating System: Specific heating system requirements - include for properties with special heating arrangements
7. Building Rules: Reference to building rules - include for apartment buildings
8. Commercial Use: Terms for home office or commercial use - include if relevant
1. Inventory and Condition Report: Detailed list of furniture, fixtures, and fittings with their condition
2. House Rules: Specific rules of the building or complex
3. Utility Agreements: Details of utility arrangements and payment responsibilities
4. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
5. Floor Plan: Plan showing the layout of the property
6. Handover Protocol: Document for recording property condition at start of tenancy
7. Energy Performance Certificate: Property's energy efficiency rating and details
8. Building Insurance Certificate: Copy of current building insurance
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