Rental agreement (Switzerland)

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In Switzerland , a rental agreement is a legal transaction that obliges the landlord to leave the rented property to the tenant. In return, the tenant owes the landlord payment of a rent. Here the tenancy is primarily based on the provisions of the Swiss Code of Obligations . The ordinance on renting and leasing residential and business premises (VMWG) is also decisive .

Rights and obligations

The landlord is obliged to hand over and maintain the rented property - usually an apartment or business premises - on the agreed date in a condition “suitable for the intended use”. In particular, he is responsible for the maintenance of the rented property and any furniture it may contain during the entire rental period. The latter applies to unfurnished rented apartments, for example, for the laundry room and its inventory shared by different tenants . If the washing machine fails , the landlord has to buy a new one at his own expense within a reasonable period of time - corresponding amortization costs are therefore included in the rent.

In contrast, the tenant is obliged to pay the agreed rent on a regular basis. So-called ancillary costs - separate bills for electricity, water or heating - only have to be paid if this is regulated in the rental agreement. A separate service charge bill is now common, as it enables individual billing of these expenses, especially in apartment buildings, and thus a certain saving potential for tenants. The tenant must use the rented property carefully and be considerate of his neighbors. He is not liable for damage caused by pure wear and tear or by chance, but for damage to the rented property caused intentionally or through gross negligence. If he repeatedly treats the rented property carelessly and despite a reminder, the landlord can terminate him without notice.

rent

Mortgage interest rate
Current 1.75% Arrow Blue Right 001.svg(unchanged)
information
was standing 02.09.2016
source BWO - Development of reference interest rate and average interest rate

In Switzerland, the rent in the form of so-called. Costs rent to the current, average is mortgage interest (a mortgage reference rate) of the Federal coupled. This reference interest rate is set every 3 months based on the data from the previous period. Until 2008 this was regulated by the cantons, i. H. each canton had its own reference interest rate calculated by the respective cantonal bank.

The coupling means that if the interest rate changes, the landlord may increase the monthly rent by the same amount - but must also reduce it. It is customary to “forget” the latter in principle, which is why this must be requested by the tenant himself. The underlying mortgage interest rate should therefore be evident from the rental agreement.

This coupling does not apply to rental contracts with indexed or government-reduced rents.

termination

If the lease is concluded for a predetermined period of time, the lease ends without notice of termination ; otherwise, either party can terminate the contract , usually stating reasons, in compliance with the statutory deadline on a customary date. The statutory deadlines and dates apply, unless a longer period or another date has been agreed ( Art. 266a ). The minimum period depends on the rental property. For business premises it is six months ( Art. 266d ), for apartments three months ( Art. 266c ), each of which can be terminated at the end of June and December or the end of March, end of June, end of September and end of December, whereby these dates are location-dependent or agreed can. For furnished rooms (possibly with use of the bathroom and kitchen, but without a shared living room) it is two weeks, which can be terminated at the end of a one-month rental period ( Art. 266e OR).

A termination by the landlord of residential and business premises is null and void if B. was pronounced without using the prescribed form ( Art. 266l and Art. 266o OR). In addition, there are various other reservations about termination, such as the fact that a tenant may not terminate the contract in order to advertise the apartment again if the rent is higher. The legislature has enacted regulations (including in Art. 271 et seq. OR, «Protection against dismissal») which are intended to prevent the landlord from using the tenant's dependency to his advantage.

According to Art. 272 OR, the tenant of residential and business premises can request an extension of the lease if the termination of the lease would result in hardship that cannot be justified in the interests of the landlord.

literature

Web links

Individual evidence

  1. Code of Obligations. Title eight: the rent.
  2. Ordinance on renting and leasing residential and business premises.
  3. Andrea Martel: Dismantling the cost rent NZZ , May 20, 2016
  4. The mortgage interest rate (reference interest rate) ( Memento from March 9, 2013 in the Internet Archive ). Swiss tenants' association .
  5. ^ Rosmarie Naef: reference interest rate. Lower rent - when tenants take action. In: Observer . 3rd September 2018.
  6. ↑ Rent reduction & reference interest rate. That's how it's done. Swiss tenants' association.
  7. ↑ Rent reduction: this is how you have to proceed. Swiss Tenants' Association (PDF; 75 kB).