The Hire Agreement serves as the foundational document for establishing rental relationships in Switzerland, whether for residential or commercial properties. It is essential for documenting the legal arrangement between landlords and tenants, incorporating provisions required by Swiss federal and cantonal laws. This document type is particularly important given Switzerland's high proportion of renters and the strong tenant protection measures in place. The Hire Agreement must comply with the Swiss Code of Obligations (OR) Articles 253-274g, which provide the legal framework for rental relationships, and relevant cantonal regulations. The agreement typically includes detailed provisions on rent, maintenance obligations, security deposits, and termination rights, while also addressing specific Swiss requirements such as rent adjustment mechanisms and mandatory notice periods. It's suitable for various rental situations, from residential apartments to commercial spaces, and can be adapted to include additional provisions for specific circumstances while maintaining compliance with Swiss law.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and contact information
2. Background: Context of the rental agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address and any included fixtures and fittings
5. Term: Duration of the rental agreement, including start date and whether fixed-term or indefinite
6. Rent and Payment Terms: Rental amount, payment schedule, payment method, and provisions for rent adjustments
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Utilities and Additional Costs: Allocation of costs for utilities, heating, maintenance, and other ancillary expenses
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and renovations
11. Insurance: Required insurance coverage for both parties
12. Access Rights: Landlord's rights to access the property and notice requirements
13. Termination: Conditions and procedures for termination by either party
14. Final Provisions: Governing law, jurisdiction, and formal requirements
1. Subletting: Terms and conditions for subletting, if permitted
2. Pets: Rules regarding keeping pets in the property
3. Parking: Terms for use of parking spaces or garage, if applicable
4. Common Areas: Rules for use of common areas in multi-unit buildings
5. Commercial Use: Additional provisions for properties permitted for commercial use
6. Renovations and Alterations: Terms for tenant modifications to the property
7. Garden/Outside Space: Maintenance and use of outdoor areas if applicable
8. Building Rules: Reference to and incorporation of building rules for multi-unit properties
1. Schedule 1 - Property Inventory: Detailed inventory of furniture, fixtures, and fittings included in the rental
2. Schedule 2 - Condition Report: Detailed description of the property's condition at the start of the rental
3. Schedule 3 - House Rules: Building or property-specific rules and regulations
4. Schedule 4 - Utility Agreements: Details of utility contracts and payment arrangements
5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
6. Schedule 6 - Floor Plan: Floor plan of the rental property
7. Appendix A - Building Insurance Certificate: Copy of the building insurance certificate
8. Appendix B - Energy Performance Certificate: Energy efficiency rating and certification of the property
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