Pre Lease Agreement Template for Switzerland

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Key Requirements PROMPT example:

Pre Lease Agreement

"I need a Pre-Lease Agreement for a retail space in a shopping center currently under construction in Geneva, with the final lease to commence after completion in March 2025, including specific conditions about the tenant's fit-out requirements and construction milestone deadlines."

Document background
The Pre-Lease Agreement serves as a crucial intermediate step in Swiss property leasing transactions, particularly in commercial real estate scenarios or when properties are under construction or renovation. This document is typically used when parties have agreed in principle to a lease but need to formalize certain conditions or requirements before executing the final lease agreement. The Pre-Lease Agreement, governed by Swiss law, provides certainty to both landlord and tenant by securing the property while details are finalized, construction is completed, or other conditions are met. It includes essential information such as property details, proposed lease terms, conditions precedent, and any specific requirements for the final lease. This type of agreement is particularly valuable in scenarios involving commercial properties, new developments, or situations requiring significant preparation before lease commencement.
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 pre-lease agreement, including property details and parties' intentions

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Property Description: Detailed description of the premises to be leased, including address, size, and permitted use

5. Future Lease Terms: Essential terms of the intended future lease agreement, including rent, duration, and start date

6. Conditions Precedent: Conditions that must be met before the main lease agreement becomes effective

7. Deposit and Payments: Details of any preliminary deposits, reservation fees, or other financial commitments

8. Duration and Termination: Validity period of the pre-lease agreement and circumstances for termination

9. Binding Effect: Legal effect of the agreement and obligations of parties to enter into the main lease

10. Representations and Warranties: Statements and guarantees made by both parties

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

12. Signatures: Execution block for all parties

Optional Sections

1. Construction or Renovation Conditions: Used when the property is under construction or requires renovation before lease commencement

2. Fit-out Works: Include when tenant-specific modifications are planned before occupancy

3. Break Conditions: Used when either party requires specific early termination rights

4. Assignment and Subletting: Include when pre-lease rights may need to be transferred

5. Insurance Requirements: Used when specific insurance coverage is required during the pre-lease period

6. Environmental Conditions: Include for properties with specific environmental requirements or concerns

7. Due Diligence Period: Used when tenant requires time for property inspection or verification

Suggested Schedules

1. Property Plans: Detailed floor plans and location maps of the premises

2. Draft Main Lease: Template or draft of the intended final lease agreement

3. Technical Specifications: Details of property features, systems, and facilities

4. Payment Schedule: Breakdown of all payments required before and at lease commencement

5. Construction or Renovation Timeline: If applicable, schedule of works to be completed

6. Fit-out Guidelines: Specifications for permitted tenant modifications

7. Property Photographs: Current condition documentation of the premises

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

Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Retail

Industrial

Office Space

Hospitality

Healthcare

Education

Manufacturing

Logistics

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Project Management

Business Development

Property Management

Asset Management

Relevant Roles

Real Estate Manager

Property Manager

Facilities Director

Legal Counsel

Corporate Counsel

Real Estate Director

Chief Financial Officer

Operations Manager

Business Development Manager

Asset Manager

Leasing Manager

Construction Manager

Project Manager

Risk Manager

Compliance Officer

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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