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Tenancy law: What is the duration of a lease contract?

    The lease contract is governed by Articles 255 et seq. of the Swiss Code of Obligations. 

    The duration of the lease contract depends on its type: fixed term, indefinite term and determinable term.

    The fixed-term lease :

    The duration of the lease will be the one defined in the contract, which automatically ends on the determined date without delay. 

    The duration can be set freely.

    It is possible to conclude a new contract to extend the lease. 

    If the tenant requests an extension because the end of the lease has negative consequences for him and the lessor is opposed to it, it must be sent at least 60 days before the expiry of the contract to the competent judicial authority. The latter will weigh the arguments of the parties and issue a legally binding decision. 

    The lease may be extended for a maximum of 4 years, and 6 years if the lease is for commercial purposes. 


    Lease of indefinite duration :

    As the name suggests, there is no maximum term. The lease will be tacitly renewed every year (read this article to understand what this means). However, there is a minimum duration in this type of lease. 

    Termination of a lease contract for an indefinite term requires a 3-month or 6-month notice for businesses. It will have to be terminated in the form requested in the contract.  


    The lease of determinable duration : 

    This type of contract has a resolutory condition, such as the sale of the property. Apart from that, the lease will in principle have an indefinite duration. 


    Do you need more information about your lease contract? Lawrence answers all your questions and assists you in your legal steps!

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