The Sublessor Sublessee Agreement is essential in situations where a tenant wishes to sublease their rented property in Switzerland. This document is commonly used in both residential and commercial contexts, particularly when tenants need to temporarily relocate, optimize unused space, or manage property costs. The agreement must comply with Swiss legal requirements, including obtaining the landlord's consent as per Article 262 of the Swiss Code of Obligations. It should detail the premises being subleased, rental terms, duration, responsibilities of both parties, and ensure that all provisions align with the primary lease agreement. This document is particularly relevant in urban areas with high mobility needs and in business districts where flexible space utilization is common. The agreement must incorporate specific Swiss legal protections for both parties and address cantonal requirements where applicable.
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1. Parties: Identification and details of the Sublessor and Sublessee, including full legal names, addresses, and contact information
2. Background: Context of the sublease, reference to the master lease, and confirmation of landlord's consent
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sublease: Detailed description of the subleased premises and any included fixtures, fittings, or furniture
5. Term and Commencement: Duration of the sublease, start date, and end date (must not exceed master lease term)
6. Rent and Other Charges: Rent amount, payment terms, utilities, and other charges, including payment method and due dates
7. Security Deposit: Amount, terms, and conditions of the security deposit as per Swiss law
8. Use of Premises: Permitted use of the property and any restrictions
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and reporting of damages
10. Insurance and Liability: Insurance requirements and allocation of risks between parties
11. Access and Inspection: Rights of access for sublessor and property owner
12. Termination: Grounds for termination, notice periods, and procedures as per Swiss law
13. Return of Premises: Conditions for returning the property at the end of the sublease
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. Notices: Method and addresses for official communications between parties
1. Pets: Rules regarding keeping pets, if permitted
2. Parking: Terms for parking spaces if included in the sublease
3. Common Areas: Rules and access rights for common areas, if applicable
4. Alterations: Permission and conditions for making changes to the premises
5. Subletting and Assignment: Whether further subletting is permitted (rarely included but may be relevant)
6. Building Rules: Reference to specific building or complex rules, if applicable
7. Utilities and Services: Detailed breakdown of utility responsibilities if not included in rent
8. Force Majeure: Provisions for extraordinary circumstances affecting the sublease
1. Schedule 1 - Property Inventory: Detailed list of furniture, fixtures, and fittings included in the sublease
2. Schedule 2 - Condition Report: Detailed description of the property condition at the start of sublease
3. Schedule 3 - House Rules: Building or complex rules and regulations
4. Schedule 4 - Main Lease Agreement: Copy of the main lease agreement (relevant portions)
5. Schedule 5 - Landlord's Consent: Written consent from the primary landlord for the sublease
6. Schedule 6 - Floor Plan: Plan showing the subleased premises and any included facilities
7. Schedule 7 - Utility Agreements: Details of any specific utility or service arrangements
8. Schedule 8 - Handover Protocol: Template for recording property condition at move-in and move-out
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