Lease agreement
Swiss tenancy law is largely mandatory: a clause less favourable to the tenant than the law does not apply, even signed by both sides. Templates in circulation carry clauses struck down long ago, and it is the landlord who discovers the problem when the dispute starts.
Who it is forOwners letting a flat or premises, managing agents wanting an up-to-date lease, companies subletting space, landlords facing a challenge to the rent.
Order
A lease written for your property and your canton, explaining the clauses the tenancy court most often annuls.
Understand
Is the rental deposit capped?
For residential premises it may not exceed three months' rent, and must be placed in an account in the tenant's name, released only with both parties' agreement or by court decision. A higher amount, or payment into the landlord's account, cannot be relied upon.
Art. 257e CO
Must the previous tenant's rent be disclosed?
In cantons that introduced the official form in times of housing shortage, yes: the initial rent must be notified on an approved form, stating the previous rent and the reason for the increase. Without it the rent is void and the tenant may challenge it at any time.
Art. 270 para. 2 CO and art. 19 OBLF
What notice periods apply?
Absent local custom or a longer agreement: three months for residential premises, six months for commercial premises, for the agreed term. Termination of residential or commercial leases must use the official form, and for a family home be notified separately to each spouse.
Art. 266c, 266d and 266l CO
Who pays for which works?
The landlord bears repairs beyond minor maintenance; the tenant pays the small cleaning and making-good works required by ordinary use. A clause shifting major maintenance onto a residential tenant is void. We set out the split in a readable annex.
Art. 259 and 259a CO
Going further
FAQ
No. Commercial leases allow far more contractual freedom but carry other risks: term, transfer of the lease to a successor, the fate of fittings at the end. Tell us the property and we draft one or the other.
Yes, where your canton requires it. It is mandatory on conclusion in cantons that have declared a housing shortage, and always for a rent increase or a termination. We check your canton's rule before delivery.
Only where the lease runs for at least five years and the indexation follows the Swiss consumer price index. Outside that framework, adjustments go through the official increase form, with reasons, and remain challengeable.
The tenant may sublet with consent, which may be refused only on defined grounds: failure to disclose the terms, abusive terms, major disadvantages. Our lease frames the procedure rather than banning it, since an outright ban is fragile.
The template for the entry and exit inventory comes with the delivery. It decides whether the deposit is returned, and it is the document most often missing.
A question before ordering?
Commercial premises, a sublet, a lease taken over from a former agent: describe the property here. Personal reply within two business days.
