On 24 November 2024, the people of Switzerland will vote on the Amendment to the Code of Obligations (tenancy law: termination to permit personal use).
In brief
The Swiss Code of Obligations permits owners of rented apartments and houses or business premises who wish to use them themselves to do so at short notice. Personal use is an issue in three cases in particular. Firstly, anyone who buys a property may terminate an existing lease at three months' notice in the case of houses and apartments and six months' notice in the case of commercial premises – even if the lease provides for a longer period of notice. Secondly, an owner cannot normally terminate a lease during the three years following a legal dispute with the tenant that did not end to the owner’s obvious advantage, but they can do so in order to make personal use of the property. Thirdly, tenants who are given notice may obtain an extension to the lease if they can show that it will be difficult for them to find alternative accommodation within the original notice period. The need of the owner or his or her relatives to use the property is a factor when deciding whether to grant an extension to the tenant.
Currently, a strict requirement must be met in order for personal use to apply: the owner must demonstrate an urgent personal need. Under the new provisions, it is sufficient if the personal need is significant and ongoing. It is simpler for the owner to prove this, which makes it easier for them to terminate the lease. Moreover, the new provisions allow for shorter lease extensions. A referendum on the bill has been requested, which is why it is being put to the vote.
- Everything you need to know about voting in Switzerland on www.ch.ch
Last modification 01.10.2024
