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A rental agreement is concluded between the landlord (lessor) and the tenant (lessee). It is a contract for the transfer of use and is governed by Art. 253 of the Swiss Code of Obligations. In the case of a rental agreement, the landlord or landlady undertakes to provide the tenant with an ‘item’ for use in return for payment.
Since rent stipulates a recurring payment, it is a completely two-sided contractual relationship. The rental agreement is also a continuing obligation. This is because the landlord's performance necessarily extends over a longer period of time.
The lease agreement is concluded between the lessee and the lessor. The lease agreement is a contract for the transfer of use and is governed pursuant to Art. 275 CO. The lessor is obliged to provide the lessee with a right or an object that can be used in return for payment. The lessor must provide the thing to the lessee for use and for the receipt of goods.
The lease agreement is also always to be renumerated. It is therefore not possible for the parties to agree to a lease agreement with a transfer of the right to use (including the right to receive goods) free of charge.
Moreover, many norms of lease law contain a reference to tenancy law.
The rental agreement is characterized by the lessor’s obligation to provide the lessee with a specific object for a fixed period of time and for the intended use. The rent, which the lessee must pay to the lessor, is a compensation for the time during which the rented object can be used. The situation is identical in the case of a lease agreement.
In contrast to a lease, a rental agreement only covers the normal use of an item. A lease, on the other hand, provides for a right of use that exceeds the normal use of an object and enables the specific use of the leased object.
Consequently, the lease agreement includes the right to use a thing and also the right to collect the goods. In contrast to the lease agreement, rights may also be affected by a lease agreement.
If you need further information about the rental or lease agreement or have any questions, our attorneys in St. Gallen, Zurich and Frauenfeld will be happy to help you.