Tenant Eviction in Switzerland
Tenant Eviction in SwitzerlandUpdated on Tuesday 19th December 2017
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In Switzerland, a rental contract can be terminated by both the tenant and the landlord, as long as the contractual requirements are met, including on periods of notice. The legislation in Switzerland protects the tenants against eviction on wrongful terms and the landlords are obligated to comply with specific requirements when giving the notice on the termination of contract. The notice of termination has to be provided to the tenants in the authorized form available at a cantonal level and our team of Swiss lawyers can provide in-depth assistance on this matter, depending on the canton in which the rental contract was signed.
Obligations of the Swiss landlords
A landlord can evict a tenant living in Switzerland only in specific conditions. In this sense, it is important to know that the tenants have the right to know the reasons related to the termination of the contract.
Landlords in Switzerland are required to follow the regulations prescribed by the Swiss Association of Landlords, which establishes the manner in which residential lease can occur in this country. For example, tenancy should be completed through a rental agreement, that should state the period in which the contract is available, the monthly rent the tenants have to pay and date in which the payment should be completed and other compulsory requirements.
Types of rental agreements in Switzerland
Swiss landlords can sign fixed-term agreements or contracts with an indefinite duration. In the first situation, the landlords do not have the legal obligation to renew the contract upon its expiration and our team of lawyers in Switzerland can provide further information on the regulations related to rental contracts.
In the situation of a contract signed on an indefinite basis, the landlord has to give a notice of termination three months prior to the date in which the person wants the tenants to leave the premises. This is applicable in the case of rented apartments or houses. In the situation in which the landlord has rented only a room to a tenant, the notice can be reduced to two weeks.
In the case of a dispute related to the eviction of a tenant in Switzerland, the parties can address to conciliation authorities established at cantonal or regional level, which can establish amicable settlements or give out ruling on specific matters. This can be applicable when the landord decides to evict the tenants as a consequence of the nonpayment of the rent. Tenant eviction can also arise in the situation in which the tenants are in violation of the stipulations of the rental contract. Tenants can be evicted if they have pets and the landlord did not agree upon this matter or if they received visitors who have extended their stay beyond the limits imposed in Switzerland.
Persons interested in the legislation regulating tenancy matters in a Swiss canton can contact our law firm in Switzerland for legal assistance.