The Rental Waiver is a crucial legal instrument used in Swiss property law when circumstances require the modification or release of rental obligations. It is commonly employed during periods of economic hardship, force majeure events, or strategic commercial arrangements where standard rental terms need adjustment. The document must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and Tenancy Law, and typically includes detailed information about the parties, the specific obligations being waived, the duration of the waiver, and any conditions attached. A Rental Waiver can be used for both commercial and residential properties, requiring careful consideration of mandatory Swiss tenant protection provisions. The document serves as a formal record of the agreement between landlord and tenant, providing legal certainty and protecting both parties' interests.
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1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any registration numbers for corporate entities
2. Background: Context of the original rental agreement, circumstances leading to the waiver, and reference to the original lease
3. Definitions: Key terms used in the waiver agreement, including 'Rental Agreement', 'Waiver Period', and specific obligations being waived
4. Scope of Waiver: Detailed description of the specific rental obligations being waived, including amount, duration, and any conditions
5. Duration: The period during which the waiver is effective, including start and end dates if applicable
6. Remaining Obligations: Clear statement of which rental obligations remain in force and unaffected by the waiver
7. Representations and Warranties: Statements by both parties confirming their authority to enter into the waiver agreement and understanding of its implications
8. Governing Law and Jurisdiction: Confirmation that Swiss law governs the agreement and specification of jurisdiction for any disputes
1. Conditions Precedent: Any conditions that must be met before the waiver becomes effective - used when the waiver is contingent on specific events or actions
2. Partial Payments: Terms for reduced or modified payment arrangements - included when the waiver involves partial rather than complete waiver of rent
3. Force Majeure: Provisions relating to extraordinary circumstances justifying the waiver - particularly relevant for COVID-19 or similar situation-based waivers
4. Recovery Rights: Landlord's rights to recover waived amounts under specific circumstances - used when the waiver is conditional or temporary
5. Third Party Consents: References to any required third-party approvals (e.g., mortgage lenders) - needed when third party rights are affected
1. Original Rental Agreement: Copy of the original lease agreement being modified by the waiver
2. Payment Schedule: Details of any modified payment arrangements, including amounts and dates
3. Supporting Documentation: Evidence supporting the need for waiver (e.g., financial statements, force majeure event documentation)
4. Authorization Documents: Corporate resolutions or powers of attorney proving authority to execute the waiver
5. Property Details: Description and/or plans of the rental property subject to the waiver
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Retail
Commercial Property
Hospitality
Office Space
Industrial
Shopping Centers
Residential Property
Healthcare Facilities
Educational Institutions
Warehousing
Restaurant and Food Service
Relevant Teams
Legal
Real Estate
Finance
Operations
Asset Management
Risk Management
Compliance
Property Management
Leasing
Contract Administration
Relevant Roles
Property Manager
Real Estate Manager
Legal Counsel
Contract Administrator
Facility Manager
Asset Manager
Leasing Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Real Estate Attorney
Property Administrator
Tenant Relations Manager
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