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Short Term Sublease Agreement for Switzerland

Short Term Sublease Agreement Template for Switzerland

A Swiss Short Term Sublease Agreement is a legally binding document governed by Swiss law, particularly the Swiss Code of Obligations (OR), that establishes a temporary rental arrangement between a primary tenant (sublandlord) and a subtenant. This agreement outlines the terms and conditions for the temporary use of a property, including rent payment, duration, maintenance responsibilities, and other essential terms. It incorporates specific Swiss legal requirements for subleasing, including necessary consents from the head landlord and compliance with cantonal regulations. The document provides protection for both parties while ensuring transparency and clarity in the temporary rental arrangement.

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What is a Short Term Sublease Agreement?

The Short Term Sublease Agreement is essential for situations where a primary tenant needs to temporarily sublease their rented property to another party in Switzerland. This document is commonly used for temporary relocations, business assignments, or when primary tenants need to maintain their lease while being temporarily absent. The agreement must comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations (OR) Article 262 regarding sublease provisions. It includes crucial details such as property description, term length, rent amount, security deposit requirements, maintenance responsibilities, and conditions for termination. The document ensures that all parties' rights and obligations are clearly defined while maintaining compliance with Swiss tenancy laws and regulations. It's particularly important that the agreement references and aligns with the master lease terms and includes the head landlord's consent where required by law.

What sections should be included in a Short Term Sublease Agreement?

1. Parties: Identification of the sublandlord (primary tenant) and subtenant, including full legal names and addresses

2. Background: Context of the sublease, reference to master lease, and confirmation of head landlord's consent if required

3. Definitions: Key terms used throughout the agreement including 'Property', 'Term', 'Rent', and 'Master Lease'

4. Property Description: Detailed description of the subleased property including address and which parts of the property are included

5. Term and Termination: Duration of sublease, start and end dates, and termination provisions

6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and any included utilities

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Use of Property: Permitted use of property, occupancy limits, and basic rules

9. Maintenance and Repairs: Responsibilities for maintenance and repairs between sublandlord and subtenant

10. Subletting and Assignment: Prohibition of further subletting or assignment

11. Insurance: Required insurance coverage for subtenant

12. Access: Sublandlord's right to access the property with notice

13. Governing Law: Swiss law application and jurisdiction

14. Signatures: Execution blocks for all parties

What sections are optional to include in a Short Term Sublease Agreement?

1. Furnished Property: Details about furnished items included in the sublease, to be included if property is rented furnished

2. Pets: Rules regarding pets, to be included if pets are allowed or specifically prohibited

3. Parking: Parking arrangements and fees, if parking is available

4. Building Rules: Specific building or complex rules, if property is in a managed building

5. Utilities and Services: Detailed breakdown of utility responsibilities, if not included in rent

6. Common Areas: Rules and access rights for common areas, if applicable

7. Special Conditions: Any special arrangements or conditions specific to the sublease

8. Force Majeure: Provisions for unexpected events or circumstances beyond parties' control

What schedules should be included in a Short Term Sublease Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furnished items and their condition, if property is furnished

2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of sublease

3. Schedule 3 - House Rules: Building or complex rules and regulations

4. Schedule 4 - Payment Schedule: Detailed breakdown of rent, utilities, and other payments

5. Appendix A - Copy of Head Landlord's Consent: Written consent from the head landlord for the sublease

6. Appendix B - Copy of Master Lease: Relevant portions of the master lease agreement

7. Appendix C - Photographs: Dated photographs of property condition and furnished items

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

Sublease Agreement

Cost

Free to use

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