The Sublease Contract Agreement is essential in situations where an existing tenant wishes to rent out all or part of their leased property to another party under Swiss law. This document is commonly used in both residential and commercial contexts, requiring explicit compliance with Articles 253-274 of the Swiss Code of Obligations and relevant cantonal laws. The agreement must include the primary landlord's consent and clearly outline all terms of the sublease arrangement, including duration, rent, maintenance responsibilities, and conditions for termination. It's particularly relevant in situations involving temporary relocations, corporate housing arrangements, or when tenants need to partially offset their rental costs. The document must carefully balance the rights and obligations of all parties while ensuring adherence to Swiss legal requirements for property subleasing.
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1. Parties: Identification of the primary tenant (sublessor), subtenant, and acknowledgment of the primary landlord
2. Background: Context of the sublease, including reference to the master lease and confirmation of landlord's consent
3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Master Lease', 'Term', etc.
4. Premises: Detailed description of the subleased property and any included facilities or areas
5. Term and Termination: Duration of sublease, start/end dates, notice periods, and termination conditions
6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and handling of utilities
7. Security Deposit: Amount, terms of holding and return of the security deposit
8. Use of Premises: Permitted use, occupancy limits, and restrictions
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and reporting of issues
10. Sublessee Obligations: Key responsibilities and obligations of the subtenant
11. Sublessor Obligations: Key responsibilities and obligations of the sublessor
12. Insurance: Required insurance coverage and responsibilities
13. Access: Conditions for landlord/sublessor access to the premises
14. Assignment and Further Subletting: Prohibition or conditions for further subletting or assignment
15. Notices: How and where formal notices must be delivered
16. Governing Law: Confirmation of Swiss law application and jurisdiction
17. Signatures: Execution section with dates and signatures of all parties
1. Furnished Property Provisions: Required when the property is let furnished, including inventory and condition
2. Shared Facilities: Used when certain facilities or areas are shared with other tenants
3. Pets: Required when pets are allowed or specifically prohibited
4. Parking: Include when parking spaces are part of the sublease
5. Building Rules: Required for properties in multi-unit buildings with specific rules
6. Utilities and Services: Detailed section needed when utilities are handled separately from rent
7. Renovation Restrictions: Include when specific restrictions on property modifications are needed
8. Break Clause: Optional early termination provisions if agreed
9. Guest Policy: Required when specific rules about guests and overnight stays apply
1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and items included in a furnished sublease
2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of sublease
3. Schedule 3 - House Rules: Building or community rules and regulations
4. Schedule 4 - Utility Agreements: Details of utility arrangements and payment responsibilities
5. Schedule 5 - Landlord's Consent: Copy of primary landlord's written consent to the sublease
6. Schedule 6 - Master Lease Terms: Relevant excerpts from the master lease that affect the sublease
7. Appendix A - Contact Information: Contact details for all parties, including emergency contacts
8. Appendix B - Payment Schedule: Detailed breakdown of rent, deposits, and other payment obligations
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