Fixed or renewable term: a real difference
A fixed-term commercial lease generally cannot be terminated before it ends, unless otherwise agreed. Unlike residential leases, protection against termination is more limited here. Checking the exact duration and renewal conditions before signing prevents being committed longer than planned.
Fit-out works: who pays, who decides
A commercial lease that’s vague on fit-out works (who funds them, who approves them, what happens to them at the end of the lease) generates frequent disputes when leaving the premises, particularly over the reinstatement required by the landlord.
Subletting and assignment: clauses not to overlook
If your business may evolve (partial move, partnering with a third party), the ability to sublet or assign the lease must be explicitly provided for. Otherwise it depends on the landlord’s consent, which can be refused without particular grounds in some cases.
An important note
This guide presents general rules, not individualized legal advice. Lease law varies on important points depending on the canton and the type of premises.
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