The Mutual Agreement To End Tenancy is a critical document used in Switzerland when both landlord and tenant voluntarily agree to terminate their existing lease arrangement. It's particularly relevant when parties wish to end a tenancy outside the standard notice periods or before a fixed-term lease expires. This document, governed by Swiss federal law (primarily the Code of Obligations) and relevant cantonal regulations, provides a structured framework for documenting the agreed termination terms, protecting both parties' interests. It typically includes specific provisions for property handover, final utility readings, deposit return, and settlement of any outstanding matters. The agreement is essential for maintaining clear records and preventing future disputes, especially important given Switzerland's robust tenant protection laws and formal property management requirements.
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1. Parties: Identification of the landlord and tenant(s), including full names, addresses, and any other relevant contact information
2. Background: Brief description of the existing tenancy agreement, including its start date, property address, and reference to the parties' mutual desire to terminate
3. Definitions: Key terms used in the agreement, including 'Property', 'Termination Date', 'Original Lease', etc.
4. Termination Agreement: Core terms of the mutual termination, including the agreed termination date and confirmation that both parties agree to end the tenancy
5. Property Handover: Requirements and process for returning the property, including condition requirements, inspection arrangements, and key return
6. Financial Settlement: Terms regarding final rent payment, return of security deposit, and settlement of any outstanding utilities or charges
7. Release of Obligations: Mutual release from future obligations under the original lease, subject to completion of agreed terms
8. Governing Law: Confirmation that the agreement is governed by Swiss law and relevant cantonal regulations
1. Forwarding Address: Section specifying tenant's new address for future correspondence and deposit return - used when tenant is moving to a known new address
2. Maintenance Works: Details of any agreed repairs or restoration work to be completed before handover - used when specific property issues need to be addressed
3. Early Release Terms: Special conditions if the termination is occurring before the original lease end date - used for early terminations
4. Tenant Replacement: Terms regarding finding a replacement tenant - used when this is part of the termination agreement
5. Outstanding Claims: Addressing any existing disputes or claims - used when there are unresolved issues to be settled
1. Property Inventory: Detailed list of property contents and their condition at termination
2. Utility Readings: Final readings for all relevant utilities (electricity, water, gas, etc.)
3. Handover Checklist: Itemized list of requirements for successful property handover
4. Maintenance Report: Documentation of property condition and any required repairs
5. Payment Settlement Schedule: Detailed breakdown of final financial settlement including rent, deposit, and any adjustments
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