General rental and service conditions for residential premises

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.