Lease law: Is my lease contract abusive? 

Before signing a lease contract, you must be vigilant: certain clauses may be considered abusive. Pressure and urgency can make you ape contracts that will hurt you, so it is essential to pay attention to this. 

Lawrence explains what to watch out for.

Our first piece of advice is: Never sign a contract that you think is unfair! Inform yourself beforehand.

The rent:

Many tenants sign an excessively high rent, out of fear of a property shortage or because of a temporary constraint. They face an abusive rent and do not declare it.

A rent is said to be “abusive” if it is more than 15% higher than the usual rents in the concerned neighborhood or if the landlord receives an excessive return thanks to it. 

 

Rent increase : 

Will be considered abusive if it is not notified in the official form, if the reasons are not listed and if there is termination or threat of termination of the lease contract.

Rent increases are permitted under certain conditions explained in articles 269 et seq. of the Code of Obligations. 

 

Clauses that are detrimental to the tenant :

Unfair clauses in a contract are considered void under Swiss law. 

If the lessor modifies the lease contract to the detriment of the tenant, or if it includes new ancillary costs, a new contract will have to be concluded. If this is not the case, the current contract will be unfair.

The law also does not allow abusive leave. 

 

You are about to sign a lease contract, but you doubt its validity? Lawrence reads over your lease contract and advises you on how to sign it! 

 

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