Free SUBLEASE
CONTRACT template
for Switzerland
We’re happy to provide this rental
contract template for a sub-lease free
of charge.
If you are still looking for the right
sub-tenant, simply list your property
on our website free of charge:
www.ums.ch
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apartments in Switzerland.
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Optional
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damage to the property and
furnishings and loss of rent
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Sublease Contract
I Parties to the contract, contact persons & cohabitants
Landlord / sublessor Substitute of Landlord / sublessor
First & last name First & last name
Address Address
Phone (private) Phone (private)
Mobile Mobile
Phone (office) Phone (office)
Fax Fax
E-mail E-mail
Subtenant House owner / administration
First & last name Company
Address First & last name
Address
Phone (private) Phone (private)
Mobile Mobile
Phone (office) Phone (office)
Fax Fax
E-mail E-mail
Further residents
First & last name Date of birth
First & last name Date of birth
First & last name Date of birth
II Object & estate (tick applicable items and add items if necessary)
room apartment on floor
room house Estate (address)
Other object
For use / sharing (tick applicable items, cross out non-applicable items)
Garden and / or patio only for shared use with
✔ Parking facilities/garage only for shared use with
✔ Laundry room and/or washing machine/tumble drier only for shared use with
Cellar only for partial use
The following domains are not sublet
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III Rent
The monthly rent (incl. charges) is CHF
incl. electricity (please tick if this applies)
The rent has to be paid to the following account in advance on the 26th day of the previous month at the very latest.
Bank Clearing No.
Account No./IBAN SWIFT/BIC
Account holder
The first and the last monthly rent (i.e. two monthly rents) has to be paid before the handing over of the apartment. The rent for the next months
has to be paid on the 26th day of the previous month. Since two monthly rents have already been cleared before the beginning of the rental
period (the first and the last payment), the payment of the rent for the last month is dropped.
If the apartment is rented out for a short period (up to 3 months), then it makes sense to ask the rent for the entire rental period at once and in
advance. Please tick the corresponding box if you have agreed so with the subtenant.
The rent has to be paid for the entire rental period before moving in Total CHF
Further regulations concerning the payment of the rent are listed under point X, paragraph "Validity".
IV Duration of the sublease
Please tick only one of the three options!
1. Temporary sublease WITHOUT the possibility of giving notice
The sublease contract begins on (date)
and lasts until (date)
The sublease contract is terminated without giving notice. The possibility of a renewal is – unless both parties have agreed otherwise –
excluded. The landlord relies on being able to reclaim the sublet housing space after the sublease contract has expired.
2. Temporary sublease WITH the possibility of giving notice
The sublease contract begins on (date)
and will last at the very latest until (date)
The sublease contract is terminated without notice. The possibility of a renewal is – unless both parties have agreed otherwise –
excluded. The landlord relies on being able to reclaim the sublet housing space after the sublease contract has expired.
It is possible to give notice at the end of every month. For apartments, a three-month period of notice is necessary; for furnished single
rooms, a two-week period of notice is necessary ( = legal period of notice).
Earliest possible notice on (date) possible (date)
3. Sublease contract for an indefinite period of time
The sublease contract begins on (date)
and is rescindable with a three-month period of notice for apartments and a two-week period for furnished single rooms ( = legal period
of notice) at the end of every month.
Earliest possible notice on (date) possible (date)
Legal requirements in the case of termination
1. In the case of notice, the landlord has to use the official notice form (available at the community where the rental object is situated). Swiss
Code of Obligations OR art. 266I
2. If the rental object is sublet to a married couple (or to a couple with a registered partnership), then the notice respectively the beginning
of a payment period with threat of notice (art. 257d) has to be sent separately to each partner. Swiss Code of Obligations OR art. 266n
3. A notice is considered delivered on time if it reaches the counterparty at the very latest on the last day before the start of the notice
period or if it is ready for collection at the post office.
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V Liability, rights and obligations of the subtenant
- The subtenant promises to take care of housing space and furniture and to hand everything over in the identical condition in which the
house or apartment was before the change of occupants (incl. final cleaning).
- In the case of a conclusion of an apartment hand-over protocol, the conclusion shall be included in this contract.
- The house rules must be abided by and instructions from the owner, the administration as well as from the janitor must be followed.
- If the subtenant is absent for a longer period of time, he/she must ensure that the apartment is accessible by giving a key to a trusted
third party. This third party must be known to the owner respectively administration (and ideally to the janitor).
- If founded complaints are made by the other tenants of the building, by the owner, the administration, or by the janitor, then the
landlord is entitled to give premature notice.
- If the object is damaged, the subtenant must immediately inform the landlord or the landlord’s substitute. In urgent cases, the owner, the
administration or the janitor must be notified. The subtenant is held responsible for damages which occur from belated notification.
- The landlord or his/her substitute may gain access to the apartment mentioned above. The subtenant must allow the landlord to enter
the apartment within a week after the landlord has asked to access it. If the subtenant refuses entry, the landlord is entitled to dissolve the
contract without delay.
- In the case of more than one subtenant, the subtenants will be held jointly liable.
VI Furnishing & keys
The housing space is furnished with the following furniture (brief description of the inventory):
Keys (tick applicable items)
See apartment hand-over protocol Will be handed out on the hand-over of the apartment
The subtenant is not allowed to make duplicate keys or hide or "safeguard" them. If a key or several keys are lost, then the landlord is entitled to
change the locks in question and charge the subtenant for the new locks and keys.
VII Cleaning
The basic rule is that the apartment is given back in the same state of cleanliness in which it was received. The varying standards of cleanliness are
therefore valid when an apartment is handed over and when it is given back.
Standard Whole apartment, windows, balcony etc. thoroughly cleaned (recommended)
Complete cleaning Degree of cleanliness the same as with a normal apartment hand-over; whole apartment, windows,
balconies, screens, cellar etc. very clean
Well-swept Vacuum-cleaning, cleaning of kitchen, bathroom and toilet, waste disposal
Other
Cleaning when the apartment is given back Charging the subtenant for the cleaning costs
will be done by the
Subtenant No charges if the housing space is clean
Landlord All-inclusive CHF
Cleaning company On a time and material basis
VIII Main tenancy agreement and binding
This sublease contract is bound to the conditions of the main tenancy agreement. Should these conditions change during the subtenancy, then
the changes are valid for the sublease contract, especially if the changes affect the rent (increase and reduction) and termination. Should the main
tenancy agreement be terminated for whatever reason, then the sublease contract shall end without exception.
© UMS Ltd - Temporary Housing Switzerland (does not assume liability) page 3 of 5
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IX Further agreements
X Validity
This contract only becomes binding for the landlord (even after it has been signed by both parties) when the first payment (rent for the full rental
period resp. two monthly rents) are available in cash or are credited to the bank account of the landlord in due time.
In due time means:
- at least ten work days after both parties have signed the contract if the period of time between the signing of the contract and the beginning
of the rental period is a month or longer
- at least five work days after both parties have signed the contract if the period of time between the signing of the contract and the beginning
of the rental period is less than a month
- in every case before the keys are handed over
The landlord must inform the subtenant within five work days if he/she wants to withdraw from the contract due to a belated payment. However,
he/she is entitled to remain a party to the contract even if the payment was received belatedly.
Procedure in the case of a non-immediate signing of the sublease contract (e.g. if the contract is mailed)
1. If the landlord signs the contract first
If this contract is not signed immediately by both parties, then the contract signed by the landlord is valid as an offer Offer valid until
to conclude a sublease contract until the date indicated on the right:
If the landlord does not receive the countersigned contract by this date, then the landlord is not bound by the contract anymore.
If the sublease contract signed by the subtenant reaches the landlord behind schedule, then the landlord notifies the subtenant within five work
days that he/she has refused the validity of the sublease contract due to the delayed signature or delivery. However, he/she is entitled to accept
the sublease contract even if it is delayed.
2. If the subtenant signs the contract first
If this contract is not signed immediately by both parties, the contract signed by the subtenant is valid as an offer to Offer valid until
conclude a sublease contract until the date indicated on the right:
If the subtenant does not receive the countersigned contract by this date, then the subtenant is not bound by the contract anymore.
If the sublease contract signed by the landlord reaches the subtenant behind schedule, then the subtenant notifies the landlord within five work
days that he/she has refused the validity of the sublease contract due to the delayed signature or delivery. However, he/she is entitled to accept
the sublease contract even if it is delayed.
XI Place of jurisdiction & applicable law
The place of jurisdiction is located at the place of the rental object.
As far as this contract does not stipulate otherwise, the Swiss Code of Obligations (Obligationenrecht OR) is valid.
XII Signatures
Landlord Subtenant/s
Place and date Place and date
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Instructions for filling out the sublease contract
Please read our "Tips & Tricks for subletting" as well as the section "The right way to sublet" on our page www.ums.ch.
Point I: Parties to the contract, contact persons & cohabitants
Fill in the complete address, phone numbers and e-mail addresses of landlord, subtenants and possible substitutes. If the subtenant does not
have a stable address in Switzerland, then it is recommended to demand a copy of his/her ID as well as the address of his/her employer in
Switzerland.
Please also mention the names of every cohabitant (except for close family members) when you sublease your object to a subtenant found by
UMS. This is important since the UMS insurance only covers subtenants and residents mentioned in the sublease contract.
Inform your substitute about his/her competences and give him/her a copy of the sublease contract. If you do not have access to e-banking, it is
recommended that you redirect your bank correspondence to your substitute so that he/she can detect any possible belated payments on time.
Point II: Object & estate
Here, you should state which housing space exactly is being sublet (for example‚ "three-room apartment, third floor on the left"), where the estate
is (address and administration of the estate), what can be used and how you want to hand over the keys. Be clear if you are only subletting parts
of the apartment, and reduce the rent on a pro-rata basis.
Point III: Rent
Fill in the rent amount (incl. charges) and decide how the money should be paid. Indicate if the electricity is included in the rent (electricity is not
included in basic charges).
The regulation concerning payment in advance is a suggestion of UMS Temporary Housing. It has proven its worth; however, you are free to
decide which type of payment suits you (for example, no prepayment at all, or prepayment of the rent for the whole term of lease), as long as the
subtenant is in agreement.
Point IV: Duration of the sublease contract
Indicate with a cross which type of sublease you have in mind; either a temporary sublease with or without the possibility of giving notice, or a
sublease contract for an indefinite period of time (only one is possible!). As a rule, sublease contracts for a definite period of time are not
rescindable. However, you can agree on the possibility of giving notice (this is advisable in the case of longer periods of sublease). If you wish to
do so, tick this option. Furthermore, it is possible to define the earliest possible date for giving notice. That way, you can ensure that the minimal
duration of the contract which was defined by you will be guaranteed.
Point V: Liability, rights and obligations of the subtenants
You can either add or cancel terms under this point.
Point VI: Furnishing & keys
Here, the furnishing should be described briefly, so that the subtenant knows how the apartment is furnished when he/she arrives. A detailed list
of the existing furnishing and its condition can be compiled with the help of the apartment hand-over protocol (available for free at UMS
Temporary Housing or www.ums.ch) while giving over the apartment.
Point VII: Cleaning
Agree on how you intend to clean the apartment when you give it back. The "standard" option is most common. It might be useful to inform
people who do not reside in Switzerland on cleaning-related customs.
Point VIII: Main tenancy agreement and binding (cannot be modified)
Point IX: Further agreements
This point will help you to record further agreements, such as "water plants" or "no domestic animals" etc.
Point X: Validity
Carefully ensure that the payment of the two monthly rents, which the subtenant must pay in advance, arrives on time. React within due time if
this is not the case.
If you do not sign the contract in the presence of both parties, then it is important to set time limits which state very clearly for how long you or
the subtenant are bound to the offer. It is also important that you react within due time if the countersigned contracts do not arrive on time.
Point XI: Place of jurisdiction & applicable law (cannot be modified)
Please make sure that the contract which you keep displays the original signatures of all members of the other party (joint liability). Do not keep
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