Commercial lease in Switzerland: Template, Key Clauses and Local Law (2026)

What a Swiss commercial lease is, and the framework that governs it A commercial lease in Switzerland is a contract to rent business premises such as offices, shops, workshops or restaurants. There is no separate commercial-tenancy code. Leases of business premises are governed by the lease rules of the Swiss Code of Obligations (CO), Articles 253 and following, the same body of rules that covers homes, with some provisions that apply differently to business space. Swiss tenancy law is more tenant-protective than many business people expect, even for commercial space. Several rules are mandatory, including formal notice requirements, protection against abusive rent, and the possibility of extending a lease. So the written lease matters, but it sits inside a framework the parties cannot fully contract away. This article is general guidance, not legal advice. Have a Swiss lawyer review a lease before you sign. ## What local law requires in 2026 - CO lease rules apply (Art. 253 and following). The landlord must provide premises fit for the agreed use and the tenant pays rent. Many terms are negotiable, but the mandatory protections below override contrary terms.

• Notice periods for business premises (CO Art. 266d). An open-ended lease of business premises can be terminated on six months notice, for the date fixed by local custom or, failing that, the end of a three-month lease period, unless the lease agrees a longer period.
• Notice must use the official form (CO Art. 266l). Termination of a lease of living or business premises must be in writing, and the landlord must give notice on a form approved by the canton that tells the tenant how to contest the termination and how to ask for an extension. A notice that ignores this is defective.
• Protection against abusive rent (CO Art. 269 and following). A tenant can challenge an initial rent or a rent increase as abusive, and rent increases must also be notified on an official cantonal form (Art. 269d). The reference interest rate and cost changes drive what is allowed.
• Extension of the lease (CO Art. 272 and following). A tenant facing hardship can ask the conciliation authority to extend the lease, up to a total of six years for business premises, before having to leave.
• Deposit. The statutory three-month cap in Article 257e is a residential rule; for business premises the deposit is a matter of negotiation, though bank guarantees and multi-month deposits are common. ## Swiss commercial lease template Copy the block below and fill the bracketed fields. Remember that a termination notice later must be on the approved cantonal form. ``` COMMERCIAL LEASE (BUSINESS PREMISES) This lease is made on [DATE] BETWEEN: [LANDLORD NAME], [address] ("Landlord") AND [TENANT NAME], [address], [register number] ("Tenant") 1. PREMISES AND USE The Landlord lets to the Tenant [address, area, description]. Permitted use: [office / retail / workshop / restaurant]. Use is limited to this purpose. 2. TERM The lease runs [for a fixed term of [N] years from [DATE] / for an indefinite period]. [Option to renew / extend: terms.] 3. RENT AND ANCILLARY COSTS Rent: [amount] per month plus VAT [if opted]. Ancillary costs (Nebenkosten): [borne by the Tenant per the schedule / included]. Indexation: [to the consumer price index, as agreed and permitted]. 4. DEPOSIT / BANK GUARANTEE The Tenant provides [amount / bank guarantee] as security. 5. MAINTENANCE AND REPAIRS The Landlord maintains [structure and major installations]; the Tenant handles [minor maintenance] up to [cap]. 6. FIT-OUT AND ALTERATIONS The Tenant may carry out [agreed fit-out]; other alterations need the Landlord's written consent. End-of-lease: [restore / leave] as agreed. 7. SUBLETTING AND ASSIGNMENT Subletting or transfer of the lease to a third party needs the Landlord's consent, which may be refused only on the grounds allowed by law. 8. TERMINATION Fixed term ends on expiry; an indefinite lease is terminated on the notice in Article 266d CO. Any termination is given in writing on the cantonal official form. 9. HANDBACK The Tenant returns the premises in the agreed condition, clear of its property. 10. GOVERNING LAW Swiss law applies; the competent conciliation authority and courts of [place] have jurisdiction. Signed: Landlord ____________ Tenant ____________ Name / date Name / date

- **Rent and ancillary costs (clause 3).** Decide clearly which ancillary costs (Nebenkosten) the tenant bears and how they are settled. An initial rent or an increase can be challenged as abusive, and indexation must stay within what the law allows.
- **Termination and the official form (clause 8).** This is the trap for the unwary. A termination of business premises must be in writing on the cantonal approved form, or it is defective. Build the form requirement into your process now.
- **Subletting and assignment (clause 7).** A business tenant has statutory room to sublet or transfer the lease, and the landlord may refuse only on limited grounds. Reflect the legal position rather than an absolute ban. ## Red flags to avoid - Terminating a commercial lease by letter instead of the cantonal official form, which can render the notice invalid.
- Assuming rent is purely a matter of agreement. Initial rent and increases can be challenged as abusive, and increases need the official form.
- Ignoring the tenant's right to ask for an extension of up to six years in a hardship case.
- An unclear split of ancillary costs (Nebenkosten), which can add materially to the rent.
- A blanket ban on subletting or assignment that the law will not fully support.
- Overlooking VAT options and end-of-lease restoration duties, both common sources of dispute. ## Where a contract workspace helps A template gives you a workable Swiss commercial lease. The ongoing work is everything after signing: using the correct cantonal official form for any termination or rent increase, tracking the term, notice windows and any extension deadlines, watching ancillary-cost settlements and indexation dates, and keeping deposit and guarantee expiries in view across a portfolio. Drafting or reviewing a lease, checking the form and rent rules, and tracking term, notice and indexation dates can sit in one AI workspace tuned to how your company leases. [Adira](https://adiralaw.com) is built around that shape: it drafts from a lease template, models the lease as linked clauses so it can flag an amendment that affects rent or an uncapped ancillary-cost clause, lets you edit in plain language, and keeps renewal, notice and break dates on one timeline. Adira is India-first today, and deeper Switzerland-specific coverage, including the cantonal official-form rules, is on its roadmap rather than a settled claim, so use it for drafting and review and keep a Swiss property adviser for the local-law call. The template above is enough to start a fair lease on its own. Last verified October 2026.