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Old 31.05.2013, 14:13
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Anyone have an English translation of a standard rental contract?

Hello all. I will be renting a place in Lugano and my new landlord is using a standardized form (in Italian). He cannot get his hands on an English one and says that he could get one in German - but that would be useless to me because I don't read German. Does anyone have a translation or a standardized rental agreement form in English they could forward?

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Old 31.05.2013, 14:52
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Re: Anyone have an English translation of a standard rental contract?

Forgive the formatting, but this was from a scanned PDF document...


General Terms for Tenancy Agreement

Issued by the Swiss Association of Real Estate Economy (SVIT), Gross- and Kleinbasel Section

1. Term of Agreement, termination of tenancy

The Tenancy Agreement shall apply for an indefinite term (periodic tenancy) and may, subject to
observance of the agreed notice period, be terminated by either party to the end of any month
other than December by registered mail. The Tenant hereby takes note that the signatures of both
spouses are required to terminate the tenancy of a family dwelling, even where the Tenancy
Agreement was signed by only one spouse.

Service of notice of termination by the Landlord requires use of a standard form approved by the
cantonal authorities.

2. Terms of payment and service charges

Rent and service charge payments are due in advance, at the latest on the first day of the month.
The Tenant hereby recognises the Landlord's entitlement to levy reminder charges, totalling
CHF 30 per reminder, in case of default in payment.

The Tenant shall bear the costs for gas and electricity consumption on the premises. The service
charges to be settled in a final statement separately agreed in the Tenancy Agreement are not
included in the net rent and shall be charged to the Tenant additionally. Where a communal aerial
or cable television is provided, the Tenant shall pay the fees charged by the system operator. The
remaining costs shall be apportioned in accordance with standard practice or - should the neces
sary installations be available or subsequently provided - on the basis of metered consumption.
The Landlord is entitled to impose an administrative charge of at least 3% (plus VAT) on the grand
total for service charges.

The service charge accounts shall be deemed to be approved by the Tenant should he/she fail to
submit a written objection to the Landlord within 30 days of receipt. The account balance shall be
payable within 30 days. The Landlord is under no obligation to prepare an interim settlement of
accounts, should the Tenant quit the premises during the accounting period.

The Tenant takes note that any agreed advance payment of service charges to be settled at the
end of an accounting period allows no indication of the service charges actually due. The Landlord
is not obligated to determine the agreed advance payment of service charges to be settled on the
basis of the actual service charges due.

3. Deposit

Any provision of a deposit by the Tenant agreed on is intended to cover any claims of the Landlord
arising from or in connection with this Tenancy Agreement and is to be made on signature of the
Agreement. The deposit shall be placed in a savings account with a bank to be determined by the
Landlord, to be opened in the name of the Tenant (CO 257e). If the deposit is not provided, the
Landlord shall be entitled to refuse to hand over the premises.

4. Use, subletting, joint liability

The Tenant may use the premises solely for the purpose specified in the Tenancy Agreement. A
change in use of the premises or assignment of the tenancy is not permitted.
The subletting of one or more rooms, occupation of the premises by additional persons and the
keeping of pets require written approval by the Landlord. Such consent may be revoked by the
Landlord at any time should an unacceptable situation arise, the conditions of the original approval
be violated or justified complaints be put forward by fellow residents or neighbours. In all other re
spects, sublettings shall be governed bythe provisions ofArt. 262 of the Swiss Code of Obligations
(CO).

Where there are several tenants, these shall be jointly liable in respect of the obligations set out in
the Tenancy Agreement.

5. Handover upon occupation

The Landlord shall hand over the premises to the Tenant in a clean and serviceable condition. In
the absence of any jointly prepared schedule of defects or where the Tenant fails to give the Land
lord written notice within one month of the commencement of the tenancy of any subsequently dis
covered defects, the premises shall be deemed to have been handed over in an acceptable condition.

The Tenant is obligated to tolerate any planned repairs which, owing to temporal constraints, can
be carried out only after the commencement of the tenancy. The Landlord shall, however, give due
consideration to the interests of the Tenant in this connection.

The Landlord shall specify the lettering of nameplates (for bell, letterbox etc.). The associated
costs shall be borne by the Tenant.

6. Alterations and improvements to the premises

Any alterations in or to the premises, the installation ofnew or changes to existing fixtures and fit
tings, the fixing of parabolic dishes, blinds, company signs, advertisements etc. require written ap
proval by the Landlord.

Where requested by the Landlord, the Tenant shall, upon termination of the tenancy, remove any
fixtures, fittings or equipment installed by himself/herself or taken over from the previous occupant
and restore the premises to their original condition. The Tenant shall have no right to claim com
pensation for any such fixtures, fittings or equipment left on the premises.

The Landlord shall be entitled, with due consideration to the interests of the Tenant, to carry out
any necessary repairs to the premises without obstruction.

The Landlord shall give the Tenant at least three months' written notice of any value-enhancing
improvements or other alterations to the premises.

7. Duty of care and consideration (CO 257f and g)

The Tenant is under an obligation to maintain the premises and associated fixtures and fittings in
clean and proper condition and to show due consideration towards fellow residents and
neighbours. The Tenant shall be liable to pay compensation to the Landlord for any damage to the
premises beyond the scope of normal wear and tear other than that resulting from an act of God.
All maintenance and repair work shall complywith good practice.

The Tenant shall give the Landlord immediate notice of any damage or defects for whose rectifica
tion the Tenant is not responsible, pursuant to Section 8. Failure to do so shall render the Tenant
liable to the Landlord for any consequential damage.

8. Minor repairs and maintenance

The costs for minor repairs and maintenance which become necessary during normal use of the
premises for each case shall be borne by the Tenant subject to the following limits:
- 2% of the annual net rent for annual net rents not exceeding CHF 8,000
CHF 160 for annual net rents between CHF 8,000 and CHF 16,000
1% of the annual net rent for annual net rents exceeding CHF 16,000

The costs for the following repairs and maintenance - irrespective of the amount - shall be borne
by the Tenant:

Repairs to electric switches and sockets, bells, intercom entry system, telephone, radio and televi
sion outlets, door locks and handles, gas cocks and water taps; replacement of roller shutter/blind
straps and cords, washers/seals of sanitary appliances, shower heads/handsets and hoses, win
dow panes and mirrors, incandescent lamps, fluorescent tubes and fuses, grease filters in kitchen
extract hoods; unblocking of waste pipes up to main discharge stack.

The costs for periodic cleaning and servicing of equipment and appliances requiring regular main
tenance, e.g. single-point or instantaneous water heaters, dishwashers, extracts etc., shall be
borne by the Tenant, even when the work is requested by the Landlord.

9. Right of entry

The Landlord and the Landlord's agents are entitled, provided the Tenant is given advance notice,
to enter the premises during the daytime on working days for the purpose of holding negotiations
with prospective purchasers or tenants and for inspections.

Where requested by the Landlord and during longer periods of absence, the Tenant shall deposit a
key for the dwelling with the caretaker or another easily reachable person known to the Tenant.

10. Liability for loss and damage, insurance

The Tenant shall bear the risk for loss of or damage to his/her own household goods, whatever the
cause, and specifically through fire, water, theft or burglary. The Tenant is advised to take out a
household effects insurance.

The Tenant is obligated to take out a personal/tenant's third-party liability insurance effective from
the commencement of the tenancy.

11. Handover upon vacation

The tenancy shall terminate at 12.00 noon on the last day of the month on which the notice period
ends. The Tenant shall hand back the premises together with all keys (including those additionally
cut at the Tenant's expense) by this time. In case of premature vacation, the Landlord is entitled to
take possession of the premises for the purpose of maintenance without payment of compensa
tion.

a) The Tenant shall hand back the premises in normal, clean condition. The Landlord shall ar
range for thorough cleaning of the premises, for which the Tenant shall pay a lump-sum fee of
CHF 6 per sq. m. rented floorspace (% of this rate being applicable to balcony, cellar and loft
spaces). An extra CHF 3 per sq. m. shall be charged for carpeted areas. Should the overall
cleaning costs not be covered by the above rates, the supplement for carpeted areas may be
subsequently increased to CHF6 per sq. m. The lump-sum cleaning charge shall become due
upon service of notice of termination.

b) The Tenant shall him-/herself be responsible for the final cleaning. He/she thereby undertakes
to hand back the premises and its installations after thorough cleaning.
Rectification of any damage to the premises or property caused by the Tenant along with all minor
repairs and maintenance work pursuant to Section 8 above shall be completed by the date of vaca
tion. Failure by the Tenant to meet this obligation shall entitle the Landlord to arrange for rectifica
tion of the damage and defects at the Tenant's expense

The Tenant shall be notified of any damage/defects not already acknowledged by him/her and for
which he/she is liable upon handover of the keys or immediately after discovery of the dam
age/defects (CO 267a).

12. Premature vacation

When handing back the premises prior to the scheduled end of the tenancy period, the Tenant
shall remain liable in respect of rent/service charge payments and all other obligations set out in
theTenancy Agreement. TheTenant shall further bearall additional costs incurred by the Landlord
for reletting. The Tenant is entitled to present an alternative tenant, provided this person is both
solvent and acceptable to the Landlord.

Where requested by the Landlord, the Tenant shall, prior to vacation, make payments or provide
security to cover the rent and service charges due for the period up to the next scheduled termina
tion date.

The Landlord is entitled to take possession of the premises where the Tenant is in arrears with
his/her rental payments and circumstances, such as termination of employment or removal offurni
ture, give the Landlord every reason to believe that the Tenant has abandoned the premises. The
Tenant shall be liable for the payment of rent and service charges until such time as the premises
have been relet. Any costs incurred in vacating the premises shall be borne bythe Tenant.

13. Duty of notification

The Tenant undertakes to give the Landlord written notice within one month of any change in
his/her marital status (due to marriage, divorce or death of spouse) and of any changeof address
of either spouse (e.g. following separation).

14. Amendments to Tenancy Agreement

To be valid, any amendments to this Tenancy Agreement shall be in writing.

15. Legal venue

In any disputes arising from and in connection with this Tenancy Agreement, the legal venue shall
be the location of the rented or demised premises. In disputes for amounts not exceeding
CHF 500, the State Tribunal for Tenancy Disputes is recognised by both parties as arbitrator in the
sense of CO 274a, clause e.
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  #3  
Old 31.05.2013, 15:00
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Re: Anyone have an English translation of a standard rental contract?

The attached PDF has lots more information and a copy of the standard rental forms. Hope this corresponds to what you have and clears up your questions.
Attached Files
File Type: pdf Rental_Conditions_Switzerland.pdf (1.79 MB, 2164 views)
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Old 31.05.2013, 18:33
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Re: Anyone have an English translation of a standard rental contract?

Quote:
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The attached PDF has lots more information and a copy of the standard rental forms. Hope this corresponds to what you have and clears up your questions.
B-R-I-L-L-I-A-N-T!

Thank you!
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Old 31.05.2013, 19:19
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Re: Anyone have an English translation of a standard rental contract?

And remember the disclaimer asking for 200chf in the case of wasted time when not taking an apartment, is not legal.
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