Lawyer Tenancy Law

Engaging a lawyer in tenancy law is recommended in various situations to effectively protect and enforce your rights as a tenant or landlord. A profound understanding of real estate law in Switzerland is essential here. If you are confronted with a termination due to the landlord's own needs or if you aim for the extension of the tenancy, expert advice may be crucial. Similarly, topics such as termination in tenancy law, noise disturbances, and defects in the rental property require specialized legal advice to safeguard your interests.

Legal expertise is indispensable for questions regarding rent increases, proper handling of rental deposits, options for rent reduction, and careful drafting of rental contracts. This ensures that all agreements and procedures comply with legal requirements and that your rights are preserved.

Even more specific areas of tenancy law, such as condominium ownership, alterations and renovations, as well as subletting, demand comprehensive knowledge of real estate law. A lawyer proficient in tenancy law can not only provide advice but also support in contract drafting and represent your interests in case of conflict.

In all these cases, collaborating with a qualified lawyer provides a decisive advantage. It ensures professional guidance and support for all questions and challenges in the field of tenancy law.

Typically, a tenancy lawyer charges between 250 and 450 Swiss francs per hour. With GetYourLawyer, you can agree on a cost ceiling depending on the case, so you can keep the costs under control at all times. If you are unable to cover the court and attorney fees yourself, your lawyer can apply for free legal proceedings and representation on your behalf in court.

A landlord is generally entitled to terminate an apartment lease. However, it is advisable to first check whether the termination rules agreed upon in the lease agreement, such as the notice periods, have been followed. Additionally, it is necessary that the termination is made on the prescribed official form and, in the case of married tenants, is individually delivered to each spouse. If a formally correct termination is perceived as unfair, the tenant has the right to request an explanation within 30 days of receiving the termination.

Furthermore, within these 30 days of receipt, the tenant may contest the termination at the competent conciliation authority due to abuse (according to Article 271a of the Swiss Code of Obligations) and request an extension of the tenancy. A tenant extension can be requested from the conciliation authority if the termination of your apartment would cause hardship for you. Reasons for such an extension may include: a lack of financially viable housing, termination after a long-term tenancy, or personal reasons such as advanced age, health issues, or a change of schools during the school year. In such situations, the tenancy can be extended for a maximum of four years – often, a shorter extension is initially granted, which can be extended if necessary.

"Own needs" refers to situations where the landlord or closely related individuals require the rental property. In such cases, the owner is entitled to terminate the lease due to own needs. There are two different scenarios:

1. Extraordinary termination

In the case of an extraordinary termination according to Article 261 paragraph 2 letter a of the Swiss Code of Obligations (OR) in the event of a change of ownership through purchase, donation, or inheritance, the new owner may issue the termination exclusively for themselves, close relatives, or spouses, with the need being urgent, specific, and present.

2. Ordinary termination

An ordinary termination allows the landlord to vacate the apartment for other acquaintances and relatives, without the need to prove close personal needs. Nevertheless, the justification for such a termination must be honest, and the person named must actually move in. A termination due to own needs that merely disguises other objectives, such as renovation work, is not permissible.

A rental apartment must be habitable. If the apartment is unusable or if the agreed condition is not fulfilled by the landlord, there is a defect that may justify a reduction in rent, depending on its severity (according to Article 259 of the Swiss Code of Obligations). Minor defects are generally the responsibility of the tenant to repair unless special craftsmanship skills are required. However, the landlord is responsible for repairing larger damages.

An independent rent reduction carries risks, as it may entitle the landlord to terminate the lease, especially if the reduction is deemed unreasonable. Therefore, it is advisable to seek an adjustment of the rent through the competent conciliation authority.

The rent reduction should be in proportion to the defect. Guidelines for determining the rent reduction are provided by the standards and tables of the tenant and landlord associations.

The maintenance of the apartment is the responsibility of the landlord, necessary repairs are at his expense. However, you as a tenant must take care of the "minor maintenance." This includes minor cleaning and repair work that a layperson can do with simple tools – for example, descaling a faucet, replacing a seal, or unclogging a siphon. Everything else is the responsibility of the landlord unless you have caused damage through improper use. You as a tenant do not have to pay for normal wear and tear. In case of excessive wear and tear – such as scratch marks from pets or nicotine damage – you may have to contribute to the costs, which depends on the age and lifespan of the item.

The conciliation authority is the first point of contact for tenancy-related problems. You contact this authority, for example, if you want to apply for an extension of the tenancy, deposit the rent, or demand a rent reduction. Up to a dispute value of 2000 Swiss francs, the conciliation authority can decide directly upon the plaintiff's request. Often, the authority also submits a proposed judgment to the parties or issues a lawsuit permit for further appeal to the court. If you want to take your case to court, it is advisable, however, to seek legal advice beforehand and assess the chances. At GetYourLawyer, you will find competent tenancy lawyers who will advise you and represent your interests in court if necessary.

A lawyer in tenancy law should always be consulted when complex legal questions arise, disputes between landlords and tenants cannot be resolved, or legal steps are required.

These include situations such as terminations, rectification of defects, rent reduction, or eviction lawsuits.

A lawyer can help you understand your rights and defend them appropriately.

In tenancy disputes, the question of who bears the lawyer's costs depends on the circumstances of the case. In some cases, the tenant or landlord bears the costs themselves, while in other cases, they may be divided between both parties. The exact regulation is often made by the court or may be specified in the lease agreement. It is advisable to seek legal advice in advance to clarify the individual situation.

The costs of a lawsuit against the landlord can vary depending on various factors, including the type and complexity of the legal dispute, lawyer's fees, court fees, and possible expert costs. In Switzerland, the court costs for a lawsuit against the landlord can vary from case to case and depend, among other things, on the amount in dispute. It is advisable to inform yourself in advance about the expected costs and, if necessary, seek legal advice to understand the financial implications of a lawsuit.