Most people in Switzerland rent. This means the nation has strict tenancy rules, some of which are viewed as too strict by the current government. Both parliament and the Council of States have come up with two changes aimed at limiting the actions of tenants, which are considered abusive.
These two votes are the result of objections to government plans rather than popular initiatives. After a plan is agreed by the government, if the public can gather 50,000 signatures, a vote aimed at rejecting the plan can be launched.
Under current rules tenants are permitted to temporarily sublet their homes or individual rooms. This right also applies to business premises. Tenants are not currently required to inform landlords and to obtain written consent. Sometimes tenants charge rent above what they are paying as a way to generate profits. Parliament wants to prevent such abuses by amending the provisions in the Code of Obligations. After the change, tenants who wish to sublet rooms would be required submit an application to the landlord in writing and obtain written consent. Landlords would also have the right to refuse to allow the subletting, particularly if it was for more than two years. Breaches would result in written warnings and eventually termination with 30 days notice if the tenant does not respond.
In addition to the Federal Council, parliament (123 versus 72) and the Council of States (33 versus 11) support changing subletting rules.
In addition, a separate vote deals with the question of whether landlords should be able to terminate a lease more easily if they plan to use the property themselves. Currently, the owner must demonstrate an urgent personal need. Under the planned provisions, it would be sufficient if the personal need is significant and ongoing. Currently, tenants who are given a notice to move may apply for lease extensions if they can show that it will be difficult for them to find alternative accommodation. The proposed plan would reduce the length of these lease extensions.
In addition to the Federal Council, parliament (108 versus 85) and the Council of States (33 versus 11) support making it easier for landlords to access their properties for private use.
Those against these two changes argue that both the subletting and personal use rule changes are not needed and could be used to end leases with greater ease, something they argue is often motivated by a desire to benefit from rising market rents.
More on this:
Federal Council information (in French) – Take a 5 minute French test now
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