Lease Law: When can I consign the rent? What is the procedure?

Your landlord does not repair a defect in the property you are renting, even after multiple summons? Then you can consign the rent! Here’s how to do it:

Consignment is a way of “taking your rent hostage”. The tenant pays his rent to the consignment fund and not to his landlord, thus putting pressure on him to repair a certain defect in the rented property.

A rent can be consigned under three conditions:

  1. The property has a defect, the repair of which is the responsibility of the lessor.
  2. The lessee has informed the lessor of the defect by a registered written letter, has set a deadline for the defect to be remedied, but that this deadline has elapsed. The letter can be sent by a lawyer, his pen is often very persuasive!
  3. The tenant has informed the landlord that he will start a consignment procedure at the end of the period mentioned in the letter. If this is not done, the landlord will be able to terminate your contract extraordinarily. 

 

In order to deposit a rent, you must complete a rent deposit form, to be obtained from the competent cantonal authority, and send it to the landlord dated and signed.

However, the deposit is only a provisional measure; the tenant must lodge a complaint with the conciliation body 30 days after the start of the deposit, otherwise the rent will be returned to the landlord.

We recommend that you hire a lawyer to represent you in the following procedures. 

Lawrence answers all your questions and assists you in your legal proceedings!

 

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