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Assignment Of Lease Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Lease

"I need an Assignment of Lease agreement for transferring my commercial retail space lease in Zurich to another company, with the assignment to take effect from March 1, 2025; the original lease has 3 years remaining and includes specific retail usage terms that need to be maintained."

Document background
The Assignment Of Lease agreement is a crucial document used in Swiss real estate transactions when an existing tenant wishes to transfer their lease rights and obligations to a new tenant. This document is essential in both commercial and residential contexts, requiring careful consideration of Swiss tenancy laws, particularly Article 263 of the Code of Obligations. It is commonly used during business relocations, when individuals need to move before their lease expires, or in commercial situations where a business is sold or restructured. The assignment must receive explicit landlord approval and includes detailed information about the original lease terms, parties involved, property details, and specific conditions of the transfer. The document ensures a smooth transition while maintaining legal compliance and protecting all parties' interests under Swiss law.
Suggested Sections

1. Parties: Identification of all parties: the Landlord, the Original Tenant (Assignor), and the New Tenant (Assignee), including full legal names and addresses

2. Background: Context of the assignment, including details of the original lease and the reason for assignment

3. Definitions: Definitions of key terms used throughout the agreement

4. Original Lease Details: Summary of the key terms of the original lease being assigned, including date, property description, and rent

5. Assignment: Core provisions detailing the transfer of lease rights and obligations from Assignor to Assignee

6. Effective Date: Specification of when the assignment takes effect

7. Rent and Security Deposit: Details of ongoing rent obligations and arrangements for transfer or replacement of security deposit

8. Assignor's Warranties: Warranties from the original tenant regarding the lease status, payments, and property condition

9. Assignee's Covenants: New tenant's commitments to comply with original lease terms and obligations

10. Landlord's Consent: Formal documentation of the landlord's approval of the assignment

11. Governing Law: Specification of Swiss law as the governing law and relevant jurisdiction

12. Execution: Signature blocks for all parties and date of signing

Optional Sections

1. Guarantees: Required when there are existing guarantees that need to be addressed or new guarantees to be provided by the Assignee

2. Condition of Premises: Detailed description of property condition at assignment, used when parties want to document the state of the property

3. Outstanding Claims: Section addressing any existing disputes or claims related to the lease, needed when there are ongoing issues

4. Utilities and Services: Details of transfer of utility accounts and services, needed when these are in the tenant's name

5. Insurance: Provisions regarding transfer or procurement of required insurance policies, needed when insurance is tenant's responsibility

6. Broker Fees: Required when a broker was involved in arranging the assignment

7. Data Protection: Additional provisions regarding handling of personal data, required when extensive personal data is involved

Suggested Schedules

1. Original Lease Agreement: Copy of the complete original lease agreement and any amendments

2. Property Inventory: Detailed list of any fixtures, fittings, or furniture included in the lease

3. Condition Report: Documentation of the property's condition at the time of assignment

4. Payment Schedule: Details of rent payments, including any adjustments or special arrangements

5. Landlord's Formal Consent: Written consent from the landlord if provided as a separate document

6. Building Rules and Regulations: Any specific rules or regulations that the Assignee needs to comply with

7. Handover Protocol: Document recording the handover of keys, documents, and other items between Assignor and Assignee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Retail

Commercial Property

Residential Property

Hospitality

Industrial

Office Space

Healthcare

Education

Manufacturing

Warehousing

Professional Services

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Corporate Services

Risk & Compliance

Property Management

Contract Administration

Business Relocation

Asset Management

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Contracts Manager

Facility Manager

Commercial Director

Operations Manager

Leasing Manager

Business Relocation Manager

Corporate Services Manager

Risk Manager

Compliance Officer

Real Estate Administrator

Tenant Relations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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