Agricultural lease
Swiss law does not prescribe any special form for agricultural leases . This can therefore come about in writing or orally. In any case, he is subject to the lease regulations. In order to avoid later disagreements, it is advisable to draft the contract in duplicate in writing or to use a model contract.
Minimum lease period
The following minimum lease periods apply to the initial lease:
- 9 years for agricultural trades
- 6 years for individual properties
The contractual partners are free to conclude contracts for a longer period. Most contracts renew tacitly. The legally prescribed minimum continuation period is 6 years for both agricultural businesses and individual properties. It is possible to conclude lease contracts for a certain period without continuation ( fixed leases ) provided that the minimum lease period is observed.
A shorter lease than the legally stipulated - be it for the first lease or for the continuation - is only valid with an official permit. The agricultural lease law provides for the following reasons for approval:
- the leased property is partly in the construction zone
- there are personal or factual reasons (e.g. age of the tenant or use of the leased property for public purposes)
Rent calculation
The rent for agricultural businesses is subject to approval. The lessor must submit the lease to the competent authority within three months of the start of the lease. The maximum allowable rent for agricultural businesses is made up of:
- 3.5% of the earnings value and
- 85% of the building rental values
The highest permissible rent for agricultural land consists of the base rent, the locally determined surcharges or deductions and the farm-related surcharges. The base rent is 9% of the earnings value. The competent licensing authority can increase or decrease the base rent by up to 15% in order to take account of the special local conditions (operational structures, management conditions). Business-related surcharges of 15% each are permitted if the property enables the lessee to better round off the business and / or is convenient for the lessee to operate.
Termination of the lease
The lease can be terminated by mutual consent or on the basis of a termination. The notice period is one year. It must be in writing. It can only be terminated at the end of a lease period. No termination is necessary for fixed leases.
If the fulfillment of the contract has become unreasonable for a party for important reasons, it can terminate the lease in writing for the following spring or autumn date. The notice period is six months. In this case, the judge determines the financial consequences, taking into account all the circumstances.
literature
- Caspar Baader, Leo Müller, Joseph Schuler: Agro law. A guide for agriculture on general and peasant legal issues . Ed .: AGRIDEA. 4th edition. AGRIDEA, Lindau / Switzerland 2011, ISBN 978-3-906776-01-9 .