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Lease Takeover Agreement Template for Switzerland

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Key Requirements PROMPT example:

Lease Takeover Agreement

"I need a Lease Takeover Agreement for my commercial office space in Zurich, where my tech company is transferring the remaining 3-year lease to a larger corporation, including the transfer of all installed IT infrastructure and custom office modifications."

Document background
The Lease Takeover Agreement is essential in situations where an existing tenant wishes to transfer their lease obligations to a new tenant before the original lease term expires. This document, governed by Swiss law, particularly the Code of Obligations (Obligationenrecht) and cantonal regulations, creates a legally binding arrangement between the landlord, original tenant, and new tenant. It is commonly used in both commercial and residential contexts when businesses relocate, assign their lease rights, or when individual tenants need to transfer their lease obligations. The agreement covers crucial aspects such as the transfer of security deposits, outstanding maintenance issues, utility arrangements, and any modifications made to the premises. It ensures that all parties understand their rights and obligations under Swiss law, providing legal certainty and protection for everyone involved in the lease transfer process.
Suggested Sections

1. Parties: Identification of all three parties: Landlord, Original Tenant (Transferor), and New Tenant (Transferee)

2. Background: Context of the existing lease and reason for transfer

3. Definitions: Key terms used throughout the agreement

4. Existing Lease Details: Summary of the original lease agreement including date, premises, and key terms

5. Transfer Agreement: Core terms of the takeover, including effective date and scope of transfer

6. Rent and Other Payments: Confirmation of rent amount, payment terms, and other financial obligations

7. Security Deposit Transfer: Arrangements for transferring or replacing the existing security deposit

8. Landlord's Consent: Express consent of the landlord to the lease transfer

9. Condition of Premises: Current state of the property and acknowledgment by new tenant

10. Representations and Warranties: Statements by all parties regarding their capacity and authority

11. Liabilities and Obligations: Division of responsibilities between original and new tenant

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

13. Signatures: Execution section for all three parties

Optional Sections

1. Existing Modifications: Details of any modifications made to the premises by the original tenant, used when alterations exist

2. Outstanding Repairs: List of any pending maintenance or repair issues, included when there are unresolved maintenance matters

3. Utilities and Services: Transfer of utility contracts and services, needed when utilities are in tenant's name

4. Insurance: Transfer or arrangement of insurance obligations, included when tenant insurance is required

5. Existing Disputes: Disclosure of any ongoing disputes, included when there are unresolved issues

6. Sub-tenants: Arrangements regarding existing sub-tenants, if any exist

7. Parking and Storage: Transfer of additional facilities rights, when applicable

8. Break Clause: Special provisions for early termination rights, if applicable to the original lease

Suggested Schedules

1. Original Lease Agreement: Copy of the existing lease agreement and any amendments

2. Inventory List: Detailed list of any fixtures, fittings, or furniture included in the transfer

3. Condition Report: Current condition report with photographs of the premises

4. Payment Schedule: Breakdown of rent, utilities, and other regular payments

5. Security Deposit Calculation: Details of security deposit transfer calculations and arrangements

6. Outstanding Maintenance Log: List of pending maintenance issues and responsibilities

7. Utility Readings: Current meter readings for utilities at transfer date

8. Handover Protocol: Checklist for the physical handover of the premises

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Healthcare

Education

Manufacturing

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Property Management

Asset Management

Risk Management

Corporate Services

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Corporate Real Estate Manager

Leasing Manager

Operations Manager

Contract Administrator

Asset Manager

Tenant Relations Manager

Real Estate Director

Compliance Officer

Property Administrator

Business Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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