In addition to the extraordinary termination of the rental, the tenant has the right to return the apartment prematurely. This right releases the tenant from compliance with a notice period or a notice period as soon as he proposes a new tenant acceptable to the owner, solvent and willing to take over the lease on the same conditions. If no agreement can be reached with your landlord, your local board of arbitration can offer interim advice and a decision between the two parties. If such an agreement cannot be reached, the case is taken to court, where a lawyer is advised. A lease does not have to take a specific form. It could even be completed orally. However, in most cases, standard rental forms are used. If the landlord terminates the contract, they must use an official form. For married couples, each spouse receives a form in a separate envelope. In some cases, the landlord may terminate the contract on short notice (p.B. unpaid rent).
If a tenant receives a notice of termination with which they disagree, the tenant must file a written complaint with the board of arbitration within thirty days. The tenant has the right to file a request for cancellation of the termination due to abuse or, in case of difficulties, to demand an extension of the rental. If several formal conditions are met, the rent of an agreed rental for an indefinite period may be increased by the landlord at any time with effect from the next date of termination. However, if the new rent is significantly higher than the old rent, the rent increase may be considered abusive. Term leases are agreements between a tenant and a landlord that allow you and your family to stay for a certain period of time. These contracts are usually used for short-term rentals and furnished apartments, as well as for student accommodation. Contracts allow landlords to search for a new tenant while the former tenant is a resident, although current tenants usually have priority as a courtesy. It is also common for these contracts to have more flexible agreements on maintenance and cleaning. Once the contact is signed, both parties are legally bound by it.
Therefore, before signing, it is important to read and understand the document carefully, even if it is usually long and difficult to read. Note that Swiss owners expect the contract to be respected to the letter (which applies to any agreement you enter into in Switzerland!). However, there are legal safeguards that may limit the validity of certain clauses in leases (usually in your favour). A minor defect or even minor maintenance will have little or no impact on a tenant`s living situation. For example, a loose screw on a socket or a leaking faucet. These defects must be corrected by the tenant (Art. 259 of the Swiss Code of Obligations). However, restrictions on these small maintenance issues are not governed by the Swiss Code of Obligations. In recent years, the general practice in lease law is that only defects that a tenant with so-called standard knowledge can remedy himself without the intervention of experts are the responsibility of the tenant. When you move, the same type of appointment should be made with the owner or manager to check for defects and damage.
If the accommodation is in a significantly worse condition than at the beginning of the rental, the owner can withhold all or part of the deposit paid by the tenant. Otherwise, you must prepare a written document of the transfer stating that the apartment has been transferred without defects or damages and that the deposit must be refunded in full. As for the time of the move, you must inform the owner in writing in a letter, which must be sent by registered mail. The Swiss government gives examples of letters to terminate a lease earlier that you can use. If you live with a partner or other adults at home, you will all need to sign the letter. The notice period is usually three months, unless otherwise stated in your contract. However, if it turns out that the initial rent charged by the landlord is significantly higher than the previous rent for the same property or that the tenant was forced to enter into the lease due to personal or family difficulties or due to conditions prevailing in the local rental property market, the tenant may challenge the first rent as abusive within 30 days of taking possession of the property. As a tenant in Switzerland, you have rights protected by law. It`s a good idea to check all the details on the Swiss Confederation`s website on tenants` rights – especially since the Swiss approach to rental rights is not exactly the same as in other countries. With its famous Swiss efficiency, everything you need to know about renting a property in Switzerland is available in a simple PDF download on the Swiss government website – not in one, but in 16 different languages. Rental term: Rental contracts can be fixed-term or indefinite. Most of them are open.
In this case, both parties may terminate in accordance with the rules and deadlines. Rental Deposit: A rental deposit (also known as a deposit) is only required if it is expressly agreed in the rental agreement. It is deposited in a rental deposit account and serves as collateral for the owner. The amount of the deposit paid by the tenant is indicated in the contract (for residential units a maximum of three months` rent). Rental contracts have a defined notice period, which is included in the contract. This period applies if one of the parties (you or the owner) wishes to terminate the contract. However, a landlord cannot terminate a lease without giving reasons. If no agreement can be reached or if the decision is not accepted, the party insisting on his claim must bring an action within 30 days. If the case is heard by a judge, it may take one to two years before a final decision is made. Rental law regulates the rights and obligations of tenants and landlords. By signing a rental agreement, you agree to comply with the provisions of rental law.
In international comparison, Swiss lease law can be considered favourable to tenants. This could be one of the reasons why Switzerland is known as a tenant country; Compared to other Western European countries, Switzerland is one of the countries with the highest proportion of tenants. Due to the decline in mortgage rents, this situation has changed slightly in recent years, while today, the rise in mortgage rates is on the picture. This is why lease law is at the top of the agenda of many politicians. Political interaction focuses in particular on rent regulation. However, since the entire revision of the lease law in 1990, no new revisions have been successful. In 2010, the last reform proposal was rejected by the National Council. Landlords have the option to terminate their lease as long as they do so with due process.
Your landlord must notify you of the termination before the official notice period. Tenants have the right to know the reasons for the termination and may contact the conciliation authority if they consider that the termination has not been made for appropriate reasons. Pets: Whether or not pets can be kept in an apartment should be discussed with the landlord and should be part of your rental agreement. If a tenant wants to have a pet in the apartment in which he already lives, the lease or landlord should be consulted to see if this is allowed. Pets are dogs, cats, birds, hamsters, etc. With regard to the temporary lease, it should be mentioned that any fixed-term lease can be reassessed as perpetual if the lease is tacitly maintained. Multi-year leases are not allowed and are automatically converted into permanent contracts. While it is not illegal to repeatedly renew expired leases, such a chain of agreements can be interpreted as an agreement indefinitely. For example, a contract with an automatic extension after one year would be interpreted as a tenancy of indefinite duration. A common problem in the world is that landlords keep the deposit that is paid when the tenant leaves due to damage to the property. .