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Online Tenancy Agreement

Online Tenancy Agreement Template for Switzerland

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Key Requirements PROMPT example:

Online Tenancy Agreement

"I need a standard Online Tenancy Agreement for a residential apartment in Zurich, starting from March 1, 2025, with basic electronic signature functionality and standard Swiss tenant protection clauses."

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Document background
The Online Tenancy Agreement serves as a legally binding contract between landlords and tenants in Switzerland, adapted for the digital age. This document is essential when parties wish to establish a rental relationship through electronic means while ensuring compliance with Swiss rental laws and regulations. It incorporates all mandatory provisions required by the Swiss Code of Obligations and relevant cantonal laws, while leveraging digital signature technology for convenient execution. The agreement is particularly relevant in today's increasingly digital real estate market, where efficiency and remote transactions are becoming standard. It includes comprehensive terms covering property use, maintenance, rent payments, and other crucial aspects of the tenancy relationship, all structured to be legally valid when executed online.
Suggested Sections

1. Parties: Identification of landlord and tenant(s) with full legal names, addresses, and contact details

2. Background: Brief context of the agreement and property letting

3. Definitions: Key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and any included fixtures/fittings

5. Term and Commencement: Duration of tenancy, start date, and renewal terms

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and rent review provisions

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Utilities and Additional Charges: Responsibility for utilities, service charges, and other costs

9. Maintenance and Repairs: Responsibilities of landlord and tenant for property maintenance

10. Use of Property: Permitted use of property and restrictions

11. Insurance: Insurance requirements for both parties

12. Termination: Conditions and process for ending the tenancy

13. Notices: How formal communications between parties should be made

14. Electronic Execution: Provisions for online signing and validity of electronic signatures

15. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Subletting: Terms for subletting, if permitted - include when subletting might be relevant

2. Pets: Rules regarding keeping pets - include when pets are permitted under certain conditions

3. Parking: Parking space allocation and rules - include when parking is available

4. Shared Facilities: Rules for common areas - include for apartments or shared buildings

5. Renovations: Terms for property modifications - include for properties where tenant improvements are permitted

6. Building Rules: Specific building regulations - include for apartment buildings

7. Energy Performance: Energy efficiency details - include when required by cantonal regulations

8. COVID-19 Provisions: Special terms related to pandemic situations - include during relevant health concerns

Suggested Schedules

1. Schedule 1 - Inventory: Detailed list of furniture, appliances, and fittings included in the rental

2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of tenancy

3. Schedule 3 - House Rules: Detailed building or property rules and regulations

4. Schedule 4 - Utility Agreements: Specific arrangements for utility services and payments

5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules

6. Appendix A - Photos: Photographic evidence of property condition

7. Appendix B - Floor Plan: Detailed plan of the property

8. Appendix C - Energy Certificate: Energy efficiency rating and certification

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 legal definitions
Agreement
Property
Commencement Date
Term
Rent
Security Deposit
Common Areas
Electronic Signature
Business Day
Notice
Permitted Use
Ancillary Costs
Building Rules
Force Majeure
Inventory
Landlord
Tenant
Managing Agent
Maintenance
Payment Date
Renewal Period
Service Charges
Utilities
Working Hours
Electronic Platform
Digital Communication
Authentication Method
Cantonal Law
Signing Date
Occupants
Substantial Breach
Essential Repairs
House Rules
Property Manager
Rental Period
Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Digital Services

Legal Services

Property Technology

Housing Associations

Relevant Teams

Legal

Real Estate Operations

Property Management

Digital Operations

Compliance

Tenant Relations

Contract Administration

Facilities Management

Document Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Administrator

Lease Administrator

Digital Operations Manager

Compliance Officer

Tenant Relations Manager

Property Portfolio Manager

Contract Administrator

Real Estate Operations Director

Facility Manager

Industries
Swiss Code of Obligations (OR) - Articles 253-274: The fundamental law governing rental agreements in Switzerland, covering basic rights and obligations of landlords and tenants, contract formation, termination, and rent regulations
VMWG (Ordinance on the Rental and Lease of Residential and Commercial Premises): Detailed regulations implementing the rental law provisions of the Code of Obligations, including specific rules about rent calculations, maintenance, and security deposits
Federal Act on Electronic Signatures (ZertES): Regulates the conditions under which electronic signatures can be considered legally equivalent to handwritten signatures in digital contracts
Federal Act on Unfair Competition (UWG): Relevant for ensuring fair contract terms and preventing abusive clauses in standard form contracts used in online agreements
Swiss Civil Code (ZGB) - Property Law Provisions: Contains relevant provisions about property rights and obligations that complement tenancy regulations
Federal Act on Data Protection (DSG): Governs the handling of personal data in the context of online contracts and tenant information management
Cantonal Rental Laws: Additional regional regulations that may apply depending on the canton where the property is located
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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