1 Handover
The lessor shall hand over the leased object to the lessee at the agreed time in a clean
condition suitable for the intended use. Insofar as any necessary instant installation work
cannot be carried out prior to commencement of the lease due to time constraints, the
lessee shall tolerate such work after the fact. There is no claim to the new value of the rental
object.
Unless otherwise agreed, handovers shall take place on the day of commencement of the
rental from 12.00 noon. For the handover of the object, the keys necessary for the access to the rental object are deposited at a previously defined location of a third party provider or the landlord for collection by the tenant. The keys must be collected personally by the lessee
within five days of the agreed handover date, during the opening hours of the third party
provider or the lessee's branch and an official proof of identity accepted by the third party
provider. If the earliest possible delivery falls on a Saturday, Sunday, a legal holiday (also
applies to regional holidays) or the time between Christmas & New Year, the delivery is
postponed to the first following local working day, unless otherwise informed. If the date of
conclusion of the rental agreement and the earliest possible handover date are not at least
two working days apart, the handover shall be postponed to the second following working
day. The tenant is not entitled to a rent reduction if the handover cannot take place at the
contractually agreed commencement date for the aforementioned reasons. If the keys are
not collected by the tenant at the agreed location within five days of the agreed move-in
date, the landlord may charge the tenant a handling fee of CHF 50. Furthermore, the tenant
must tolerate any delay in the return and reshipment of the keys to the defined location for
collection.
The landlord creates an inventory and inventory list, which is to be accepted by the tenant.
The Hirer must notify the Hirer in writing by registered letter or via the password-protected
online cockpit of the Rental Firm (www.roomestate.com or similar) of incorrect entries and
subsequently discovered defects within 7 (seven) days of handover. The acceptance of the
keys by the tenant shall be regarded as the time of handover. Oral or other messages not
entered in the cockpit (e.g. through news services or by e-mail) will not be accepted. If no
defects are recorded or reported, the assumption applies that the rental property has been
accepted free of defects.
The tenant bears the costs for the production of uniform name badges on house bell, letter
box, elevator, apartment door, etc. The lessee is prohibited from affixing name tags other
than the uniform name tags, in particular in font, size and colour.
2 Keys
The list of keys is listed in the inventory and stock list and is drawn up by the landlord before
the keys are dispatched and communicated to the tenant. Missing or incorrectly received
keys must be reported immediately to the lessor and the service personnel of the third party
provider and returned at the request of the lessor.
Additional keys may only be made with the prior written permission of the landlord and
must be given to the landlord when moving out without any claim for compensation.
Keys lost during the rental period must be replaced by the tenant at the latest at the end of
the rental period at his own expense. If a key is lost, the lessor is entitled to have the
relevant locks and keys replaced or modified at the expense of the lessee. If the locking plan
is protected, the locking system can also be replaced at the tenant's expense.
3 Use of the rental property
The tenant may use the rented object exclusively for the contractually agreed purpose. Any
change, in particular the admission of additional persons, requires the prior written consent
of the lessor.
The tenant is obliged to show consideration for the other residents of the house, to use the
rented property with care and to protect it from damage. He is also obliged to consistently
comply with all contractual agreements made. The rental property must be ventilated
regularly. During the heating period, the heating must not be completely switched off in any
room. The lessee shall be liable to pay damages for damage caused by careless and/or non-
contractual use.
4 Use of furniture and services
A. furnishing
Unless otherwise agreed, the inventory shall be handed over at the same time as the rental
object is handed over. This applies both to the delivery and to the take-back. The private
furnishing is recorded on a handover or acceptance protocol.
Logicom Logistics & Communications AG is and remains the owner of the furniture handed
over. The tenant is obliged to use the inventory properly, to clean it regularly and to use the
furniture carefully. Damages caused by improper use or excessive wear and tear of the
furniture will be charged to the lessee according to the residual value table.
Tenants are jointly and severally liable for damage to the general furnishings.
The renter has no right to replacement of the inventory during the rental period. If inventory
is to be replaced by Logicom Logistics & Communications AG at the lessee's request, the
costs for these expenses shall be charged to the lessee who commissions the replacement.
Residual value table furnitures
Designation | Use duration in years |
Bed | 6 |
Matress | 4 |
Desk | 6 |
Lamp | 10 |
Wardrobe | 6 |
Slatted Frame | 6 |
Desk Lamp | 4 |
Chair | 6 |
Rack | 6 |
Coat hanger | 4 |
Kitchen Inventory | 4 |
Sofa | 8 |
Side table | 6 |
TV | 6 |
TV bench | 6 |
B. Internet
If contractually agreed, Internet access is ensured via the W-Lan provided by Logicom
Logistics & Communications AG. Unless otherwise agreed, the entitlement to dial into the
Internet via the W-Lan provided by Logicom Logistics & Communications AG begins with the
handover of the rental object and expires with the return of the rental object.
Commercial use of the provided infrastructure is prohibited. Obvious misuse of IT resources
is also prohibited. This includes in particular the use of:
- pornographic offers that glorify violence, are racist or illegal under Swiss law
- unauthorized access to mails or computers of third parties
- password cracking
- Copyright infringements (e.g. free download of copyrighted works such as movies
- and music)
- data breaches
All content, messages and messages transmitted via Logicom Logistics & Communications
AG's IT resources must not violate statutory provisions. It is the responsibility of the user to
check the transmitted content for its legal admissibility.
The passing on of username and passwords is forbidden.
Internet access is provided to the best of Logicom Logistics & Communications AG's ability.
No continuous availability can be guaranteed. Logicom Logistics & Communications AG
cannot be held liable for any defects, claims or rent reductions due to breakdowns or
interruptions of the Internet connection. Logicom Logistics & Communications has the
option of fulfilling its contractual obligation to the tenant by concluding an Internet
subscription with a third party provider.
C. Cleaning / access for cleaning personnel
The cleaning personnel commissioned by Logicom Logistics & Communications AG shall be
granted access to the premises to be cleaned.
Unless otherwise agreed, the cleaning staff will have the necessary keys and will carry out
the work from Monday to Friday between 8.00 and 17.00 hours.
If the cleaning personnel are unable to carry out their work due to fault on the part of the
tenant, this shall not give rise to any right of replacement or refund.
5 Insurance
The tenant is advised to take out liability insurance including damage caused by the tenant
for the entire rental period.
This insurance should also cover the risk of breakage of all mirrors, panes,
glass/ceramic/stone fixtures such as cooking surfaces, kitchen covers, lavabos, toilets,
bathtubs etc. as well as tenant-specific special risks.
The tenant is responsible for the security (burglary, theft, etc.) of the rented property. The
landlord rejects any liability for objects brought in by the tenant as well as for tenant
improvements. The tenant is responsible for his own insurance.
6 Maintenance of the rental property
A. Maintenance obligation of the landlord
The lessor is obliged to maintain the rented object appropriately and to remedy defects.
The right is reserved to remedy minor defects which are the responsibility of the lessee (see
section B below). The lessee is obliged to notify the lessor in writing of any defects or
damage which the lessor has to remedy immediately after discovery. If he fails to do so, he
shall be liable for any damage arising therefrom.
In the event of urgent repairs and measures (emergencies), the lessee is entitled and obliged
to take or have taken the absolutely necessary precautions himself as far as possible and
reasonable. In case of omission he is liable for consequential damages.
The lessee is obliged to tolerate the work necessary to repair damage or defects at any time.
If he refuses access to the rental property to the craftsmen or agents despite prior
notification, he may be held liable for any additional costs and consequential damage. An
extraordinary termination remains reserved.
B. Maintenance obligation of the lessee
The tenant is obliged to clean the rented property regularly, in particular windows, window
frames, roller shutters, blinds and venetian blinds as well as balconies, terraces etc. including
their processes.
The tenant is responsible for the maintenance of the plants in the garden seating areas,
balconies and terraces belonging to the rental property. In particular, it must also prevent
excessive plant growth. Always use a stand for flower boxes you have attached yourself. On
balconies they must be fixed on the inside. The tenant is liable for damage to facades and
blinds caused by planting or the like. The extension of the existing floor slab covering is not
permitted for garden seats. Additional plantings require the prior written consent of the
landlord. No additional canopies, buildings or other devices such as glazing, covers, barriers
and pergolas, whirlpools, dog kennels, full houses, plant supports on the roof edges,
sculptures, troughs or similar may be installed or set up on the terrace and/or balcony. The
maintenance of the terrace is the responsibility of the tenant. Any kind of plant growth on
the terrace floor must be prevented.
The lessee shall then be responsible for the small repairs required for the normal use of the
leased object. This small maintenance work must be carried out professionally.
Small maintenance includes, in particular, regardless of the possible invoice amount:
- Maintenance of installations, fittings and apparatus in the kitchen and bathroom
- (replacement of defective kitchen plates and grates, refrigerator equipment, mirrors,
- tooth glasses and soap dishes, hose and shower)
- of the shower, WC, glasses and lid, drain covers for bathtub and washbasin, gaskets
- for taps and refrigerator, cooking plates and burners for gas cookers, washing
- baskets for dishwasher, etc.)
- the replacement of electrical switches, sockets, lamps and lamp covers belonging to
- the dwelling, fuses, roller thread and sunblind belts, cords or tapes on draw blinds,
- broken window panes, etc.
- the oiling and maintenance of door and cabinet hinges and locks.
- The decalcification of domestic boilers, the decalcification of fireplaces and individual
- kilns, the decalcification of sewage pipes up to the main pipe.
- The performance of periodic service and cleaning work on apparatus and equipment
- requiring regular maintenance, such as boilers, instantaneous water heaters,
- dishwashers, washing machines, tumble dryers, extractors, etc.
Small repairs and maintenance work necessary for the normal use of the leased property
shall be borne by the lessee per event within the following cost limits:
- 2% of the annual net rent with an annual net rent of up to CHF 8,000.
- 160 francs with an annual net rent of between CHF 8,000 and CHF 16,000.
- 1% of the annual net rent with an annual net rent of CHF 16,000 or more.
7 Renewal work and structural changes by the landlord
Renewals and changes to the rental property require the prior written consent of the lessor.
The same applies to the installation of equipment and devices outside the rented property
(e.g. blinds, signs, posters, showcases) as well as the modification of existing equipment and
devices.
If the lessor has agreed to a change in writing, the lessee is obliged to professionally restore
the former condition at the end of the lease term at the request of the lessor and at his own
expense. The tenant is obliged to properly maintain all changes initiated by him. Mer costs
incurred as a result of the change, such as an additional premium for building insurance, are
to be borne by the tenant.
If the landlord waives the right to demand that the tenant restore the previous condition at
the time of termination of the contract, the tenant waives any compensation, even if the
renewals or changes made by him represent added value. Other written agreements
between the parties are reserved.
In the event of major changes to the rented property, the landlord's consent may be made
conditional on the lessee ensuring a suitable amount to be determined by the landlord
before commencing work, up to a maximum of the expected total costs. (blocked account
with right of disposal of the parties collectively to two, bank guarantee, etc.).
The lessee undertakes to have any structural changes or renovations carried out in
accordance with all the rules of the building customer and to supervise the relevant work
professionally. In addition, the interests of other rental parties must be taken into account as
far as possible when carrying out the corresponding work. The lessee shall be liable for any
claims made by other lessees or third parties (proportionate rent reduction or damages),
insofar as such claims are justified.
If the renewal and/or modification work involves electrical installations, the lessee is obliged
to provide the lessor with an unsolicited safety certificate from a homologated electrician
after completion of the work. The resulting costs shall be borne by the lessee. If the proof of
safety is not provided even after expiry of a deadline set in writing by the Lessor, the Lessor
shall be entitled, without further notice and at the expense of the Lessee, to commission an
expert of his own choice to examine the safety issues and to produce the documents
required for the proof of safety. The resulting costs shall be borne by the lessee.
8 Private claims
The use of private appliances with water or electricity connection in the apartment (washing
machine, tumble dryer, dishwasher, refrigerator, freezer, etc.) is only permitted with the
prior written consent of the landlord. This also applies to private appliances (freezers, chest
freezers, etc.) which are connected to the general electricity meter in the basement or
screed compartment.
The user will be charged a lump sum for the use of the general current. It is forbidden to
install parabolic or antenna installations outside the home, especially on balconies, on the
facade and on the roof.
9 Lessor's right of inspection and access
The Lessor and his representatives are entitled to carry out inspections under 48-hour
advance notice which are necessary to safeguard the right of ownership and for the purpose
of carrying out the repairs and renovations incumbent upon them or for other reasons. You
are also entitled to visit the premises from Monday to Friday between 8.00 a.m. and 7.00
p.m. and on Saturday morning for sales or rental negotiations with interested parties. Visits
must be limited to the essentials.
If the tenant intends to leave the rented object unused for a longer period of time, he is
obliged to designate a person who holds the keys and is authorized to receive mail.
10 Subletting
With regard to subletting, Art. 262 OR applies in principle. The prior consent of the lessor
shall only be valid if given in writing.
The lessee must inform the lessor in advance of the intended contractual conditions and the
personal details of the subtenant. A copy must be sent to the landlord after conclusion of
the sublease agreement. Changes to the agreed conditions of the sublease during the term
of the contract must be notified to the lessor without delay and without being requested to
do so.
11 Pets
Small animals such as hamsters, canaries and ornamental fish may be kept in the
Private areas, as long as their number remains within the usual limits. The tenant undertakes
to keep animals in a manner appropriate to the species in accordance with the living
hygiene. Rodents must be kept in cages at all times; it is not permitted to let them run
around in the rented accommodation.
The keeping of larger domestic animals (e.g. cats, rabbits, dogs, parrots) and reptiles as well
as the setting up of aquariums with a capacity of more than 150 litres requires the prior
written consent of the lessor.
Such a permit can be revoked for important reasons after two written, registered and
delivered warnings, observing a period of three months, with the consequence that the
tenant is obliged to give up animal husbandry in the rented property.
In the case of keeping animals, the tenant undertakes to take out liability insurance to cover
the damage caused by the animals in question. This also applies to water damage to
aquariums. At the Lessor's request, the Lessee is obliged to document the conclusion of the
corresponding insurance policy and the uninterrupted premium payments.
12 Contracts with minimum duration/term contracts
If the tenancy agreement is concluded for a period of at least five years or at least
unilaterally non-cancellable for the landlord for at least five years, the rent is deemed to be
indexed. The rent can therefore be adjusted once a year to the national consumer price
index according to the following formula.
(New Index - Old Index) / Old Index * 100
Rent increases for additional services of the landlord or after comprehensive overhauls can
also be claimed during the fixed contract period. The same applies to the introduction of
new service charges and to the adjustment of flat-rate service charges or payments on
account.
Adjustments to the rent or ancillary costs in accordance with the preceding paragraph shall
be made to the lessee on the first day of each month in the form prescribed by law, subject
to a 30-day period of notice.
13 Incidental expenses
Costs billed to the tenant directly by a plant or office (including cable networks) are to be
paid directly by the tenant.
A. lump sums
If flat rates are agreed for incidental costs, no settlement shall be made.
B. Amounts on account/settlement
A statement is drawn up on the basis of actual expenses for incidental costs for which
payments on account have been agreed. The administrative costs incurred for the
preparation of the settlement are deducted. If the tenant moves out during the settlement
period, he or she is not entitled to create an interim settlement. However, the landlord can
temporarily create a settlement based on the settlement for the last preceding settlement
period.
The tenant may inspect the receipts. Such a request must be made to the landlord within 30
days of receipt of the invoice. Additional claims or refunds must be paid within 30 days of
the invoice being issued. The settlement of contractually agreed ancillary costs shall be
deemed approved unless the lessee objects in writing to the lessor within 30 days of receipt.
If the lessee requests to inspect the documents within these 30 days, the 30-day period only
begins after he has inspected all relevant documents.
C. Heating and hot water
Heating and hot water costs are invoiced according to a special distribution key. No
reduction in heating costs can be granted for radiators throttled by the tenant. The
additional settlement costs for individual settlements as a result of a move during the year
(change of user) will be charged in full to the moving tenant.
The accounting procedure is set out below. Other tables which take into account the place of
residence as well as minor deviations resulting from the computer processing remain
reserved. Also excluded from this regulation are properties which are equipped with
individual measuring instruments per rental object.
Proportional load in %
Monat | Heating without hot water | Heizung mit Heating with hot water |
January | 17.5 | 13.6 |
February | 14.5 | 12.1 |
March | 13.5 | 11.5 |
April | 9.5 | 9.3 |
May | 3.5 | 5.6 |
June | 0.0 | 3.7 |
July | 0.0 | 3.7 |
August | 0.0 | 3.6 |
September | 1.0 | 3.7 |
October | 10.0 | 9.5 |
November | 13.5 | 10.7 |
December | 17.0 | 13.0 |
Total | 100.0 | 100.0 |
14 Termination
The rental agreement can be terminated by observing the agreed period and dates of notice
in the legally prescribed form. The period of notice shall be deemed to have been observed
if the notice of cancellation reaches the other party or is ready for collection at the post
office no later than the last day before the commencement of the period of notice.
If the rental agreement has been concluded for a certain period, the rental relationship shall
end on the agreed day of expiry of the agreement without notice.
If the tenant wishes to return the rented property prematurely (Art. 264 OR), a substitute
tenant who is otherwise to be regarded as reasonably solvent can also be rejected without
the tenant being released from liability if, in the opinion of the landlord, he does not
correspond to the tenant structure of the rented property or if he intends to occupy the
rented property with more persons than the tenant. The conclusion of the rental contract is
the exclusive responsibility of the lessor. If it is certain that the tenant cannot or will not
offer a substitute tenant within the meaning of the law, the landlord must also endeavour to
re-let the property prematurely as part of his duty to minimize the damage. The costs for
necessary additional activities of the landlord (e.g. insertion costs) are to be borne by the
tenant.
If the rented property is returned prematurely, the lessee must notify the lessor of the
desired move-out date by registered letter and at least 14 days in advance.
15 Return of the rented property
The rented object is to be returned in good condition, taking into account the wear and tear
or changes resulting from the contractual use as well as the condition at the start of the
rental period. Unless otherwise agreed, the return of the fully cleared and thoroughly
cleaned rental property with all keys will take place according to local usage, but at the latest
on the day of termination of the rental at 12.00 noon.
Unless otherwise agreed, the rented property will be returned by returning the keys. The
landlord provides the tenant with the necessary utensils. The lessee is obliged to hand over
all keys handed over to him as well as all copies made of the keys to a third party provider
designated by the lessor by 12.00 noon on the day of termination of the rental at the latest.
If the keys are returned late to the third-party provider, the lessee shall owe the lessor a
contractual penalty of CHF 250 per commenced day. Payment of the contractual penalty
does not release the customer from the obligation to return the object at the agreed time.
We reserve the right to assert further claims for damages. The respective beginning of a new
day is 12.00 o'clock (noon).
Unless expressly agreed otherwise with the Lessor, the repair and cleaning work to be
carried out by the Lessee must be carried out professionally and completed by the time of
handover. If this work is not completed on time, the lessor is not obliged to set a grace
period. The lessor may have the defective work carried out by a specialist of his choice and
at the expense of the lessee.
In any case, when the rented property is returned, all personal belongings, other than those
belonging to the property or its furnishings, must be removed from both the private and
communal premises. Personal belongings that have not been removed become the property
of the lessor when the keys are handed over. The Lessor may arrange for the removal and
disposal of these objects at the expense of the Lessee or for their recycling.
The following work must be carried out by a specialist if the objects/devices are present in
the rental property.
- Cleaning or extraction of textile floor coverings
- Function control of dishwasher, washing machine and tumble dryer
- Cleaning of the fireplace (by chimney sweep)
- All receipts for this work must be presented when the apartment is handed over. Upon
expiry of the rental period, the lessee loses the right to stay in the rented property or the
right to dispose of the rented property.
When the leased property is returned, the landlord draws up a return protocol in which the
condition of the leased property and the inventory are recorded. This return protocol is sent
to the tenant for signature and comment. If the tenant does not take a position within a
period of 14 days from delivery of the protocol, he accepts the handover protocol tacitly.
If the tenant wishes a personal examination instead of the return protocol provided by the
landlord, then he is entitled to read at his expense for the preservation of evidence an
official finding. For his part, the landlord may have an official finding recorded for the
purpose of preserving evidence. If the officially determined defects and outstanding claims
exceed the amount of CHF 1,000, the lessee shall bear the costs for the preparation of the
report, otherwise the costs for the official report shall be borne by the lessor.
The landlord can arrange a personal delivery. On the occasion of the return of the rented
property, the tenant and the landlord shall draw up a return protocol in which the condition
of the rented property is recorded. If the tenant is not willing to cooperate in a proper return
of the rented property, the landlord is entitled, at the expense of the tenant, to have an
official report recorded to preserve evidence.
A turnover fee of CHF 150 is due for handover dates which cannot take place due to fault on
the part of the tenant. Excluded from this are dates which are postponed or cancelled in
writing at least 24 hours before the date.
16 Delivery address
The delivery address for all tenants is the rental property unless the landlord has been
notified in writing another place of delivery.
17 Authorization to provide information
The lessee authorizes the lessor to obtain information about the civil status or the registered
partnership. The responsible offices are hereby expressly authorised to provide information.
18 Violation of tenancy agreement / house rules / community rules
House and laundry room rules as well as the Community Rules are an integral part. If the
tenancy agreement and/or house rules are repeatedly violated and the written reminder
remains unsuccessful within the period set by the landlord, this can lead to an extraordinary
termination with a notice period of 30 days to the end of a month in accordance with Art.
257f Para. 3 OR.
19 Dunning collection charges
The tenant acknowledges interest on arrears at 5% for late payments of rent and ancillary
costs, as well as reminder and handling fees of CHF 40 per reminder. The lessee is liable for
all further costs incurred by the lessor due to late payments.
20 Applicable law / place of jurisdiction
In addition, the provisions of the Swiss Code of Obligations shall apply. The place of
jurisdiction for all disputes is the location of the rented object.