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Assignment Of Lease Deed

Assignment Of Lease Deed Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Lease Deed

"I need an Assignment of Lease Deed for transferring my commercial office lease in Zurich to another company effective March 1, 2025, with the current security deposit to be transferred to the new tenant and landlord's consent to be included."

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Document background
The Assignment Of Lease Deed is a crucial legal instrument used in Switzerland when an existing tenant wishes to transfer their lease rights and obligations to a new tenant. This document is particularly relevant in situations involving business relocations, property portfolio restructuring, or when individual tenants need to transfer their lease due to personal circumstances. The deed must comply with Article 263 of the Swiss Code of Obligations, which requires explicit landlord consent for any lease assignment. It includes essential details such as party information, property specifications, terms of assignment, financial arrangements, and relevant warranties and covenants. The document serves to protect all parties' interests and ensure a smooth transition of lease obligations while maintaining compliance with Swiss federal and cantonal laws.
Suggested Sections

1. Parties: Identifies the three key parties: (1) Assignor (current tenant), (2) Assignee (new tenant), and (3) Landlord

2. Background: Describes the existing lease agreement, property details, and context for the assignment

3. Definitions: Defines key terms used throughout the deed, including Property, Lease Agreement, Effective Date, and Assignment

4. Assignment: Core provision transferring all rights and obligations under the lease from Assignor to Assignee

5. Landlord's Consent: Express written consent of the landlord to the assignment as required by Swiss law

6. Effective Date: Specifies when the assignment takes effect

7. Assignor's Warranties: Warranties regarding the lease status, no breaches, and authority to assign

8. Assignee's Covenants: New tenant's commitments to comply with lease terms and perform obligations

9. Security Deposit: Handling of existing security deposit and arrangements for new deposit if required

10. Costs: Allocation of costs related to the assignment

11. Governing Law: Confirms Swiss law governance and jurisdiction

Optional Sections

1. Outstanding Payments: Used when there are pending rent or other payments to be addressed

2. Property Condition: Include when specific agreement needed on property condition at assignment

3. Guarantees: Required when existing guarantees need to be replaced or new ones provided

4. Sub-letting Provisions: Include if there are existing sub-tenants or sub-letting arrangements

5. Business Transfer Provisions: Used when assignment is part of a larger business transfer

6. Foreign Person Compliance: Required when Lex Koller considerations apply to foreign assignees

Suggested Schedules

1. Original Lease Agreement: Copy of the existing lease agreement being assigned

2. Property Details: Detailed description of the leased property, including plans if applicable

3. Inventory: List of any furniture, fixtures, or equipment included in the lease

4. Condition Report: Current condition of the property at time of assignment

5. Payment Schedule: Details of rent, service charges, and other financial obligations

6. Landlord's Formal Consent: Separate formal consent document if required by original lease

7. Handover Protocol: Document recording the handover process and any specific arrangements

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Hospitality

Office Space

Industrial

Manufacturing

Healthcare

Education

Professional Services

Logistics

Warehousing

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Compliance

Risk Management

Property Administration

Asset Management

Corporate Services

Business Development

Tenant Relations

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Facilities Manager

Business Operations Manager

Contract Administrator

Compliance Officer

Real Estate Agent

Tenant Relations Manager

Asset Manager

Corporate Real Estate Manager

Property Administrator

Leasing Manager

Business Relocation Manager

Risk Manager

Industries
Swiss Code of Obligations (Obligationenrecht): Articles 253-274g cover lease agreements, with Article 263 specifically addressing assignment of leases. This is the primary legislation governing lease assignments, detailing requirements for validity, parties' rights and obligations.
Swiss Civil Code (Zivilgesetzbuch): Contains fundamental principles of contract law and property rights that apply to lease assignments, particularly regarding form requirements and general principles of good faith.
Cantonal Rental Laws: Local laws that may impose additional requirements or restrictions on lease assignments, varying by canton. These must be checked based on the property's location.
Swiss Debt Enforcement and Bankruptcy Act: Relevant for enforcement of lease obligations and handling situations where either party becomes insolvent during the assignment process.
Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller): May apply if the assignment involves foreign persons or entities, potentially requiring special permits or approvals.
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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