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Preliminary Lease Agreement Template for Switzerland

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Key Requirements PROMPT example:

Preliminary Lease Agreement

"I need a Preliminary Lease Agreement for a commercial property in Zurich, where the tenant will be undertaking significant renovations before moving in on March 1, 2025, and we need to include detailed conditions about the renovation approval process and timeline."

Document background
The Preliminary Lease Agreement is a essential document in Swiss property transactions, commonly used when parties have agreed in principle to a lease but need time to finalize details or meet certain conditions before executing the final lease agreement. This document type is particularly relevant in commercial leasing, complex residential arrangements, or situations involving property modifications before occupancy. It provides legal protection for both parties during negotiations and typically includes key commercial terms, conditions precedent, exclusivity provisions, and timelines. Under Swiss law, while this agreement is preliminary in nature, it creates binding obligations on the parties and must comply with the Swiss Code of Obligations and relevant cantonal regulations. The document serves as a critical risk management tool by clearly defining the path to the final lease while protecting both parties' interests during the interim period.
Suggested Sections

1. Parties: Identification of the potential landlord and tenant, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the preliminary agreement, including property details and parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Final Lease', 'Commencement Date'

4. Purpose and Scope: Clear statement that this is a preliminary agreement and its relationship to the intended final lease

5. Property Description: Basic description of the property subject to the intended lease

6. Intended Lease Terms: Overview of key terms intended for the final lease (rent, duration, use)

7. Conditions Precedent: Conditions that must be met before proceeding to final lease agreement

8. Timeline: Schedule for negotiations, document preparation, and execution of final lease

9. Binding Provisions: Specifying which provisions are binding during preliminary period

10. Exclusivity Period: Period during which landlord cannot negotiate with other potential tenants

11. Costs and Expenses: Allocation of costs during preliminary period and for preparation of final lease

12. Termination: Circumstances under which preliminary agreement can be terminated

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

Optional Sections

1. Deposit Arrangements: Required if any deposit or guarantee is to be provided during preliminary period

2. Renovation/Fit-out Works: Include if property requires renovation or tenant fit-out before lease commencement

3. Due Diligence: Include if tenant requires period for property inspection or document review

4. Broker Provisions: Required if real estate agents or brokers are involved

5. Regulatory Approvals: Include if lease requires specific permits or regulatory clearances

6. Environmental Matters: Include for properties with potential environmental concerns or requirements

7. Assignment/Subletting: Include if preliminary rights may need to be transferred

8. Force Majeure: Include if specific events might affect timeline to final lease

Suggested Schedules

1. Property Details: Detailed description of property, including plans and photographs

2. Intended Commercial Terms: Draft of key commercial terms for final lease

3. Timeline: Detailed timeline for steps to final lease execution

4. Due Diligence Requirements: List of documents and inspections required

5. Form of Final Lease: Draft or outline of intended final lease agreement

6. Current Property Condition: Documentation of property condition at preliminary agreement stage

7. Required Approvals: List of required permits, consents, and regulatory approvals

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

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Real Estate

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Relevant Teams

Legal

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Commercial

Corporate Services

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Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Facilities Manager

Commercial Director

Chief Financial Officer

Real Estate Director

Asset Manager

Operations Manager

Leasing Manager

Contract Manager

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Company Secretary

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Industries





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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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