Tenancy law: The neighbours of the tenants of my apartment complain. Can I kick them out?

Do you want to evict tenants who are too noisy? Here’s how to do it!

According to Article 257f of the Swiss Code of Obligations, a landlord can terminate the contract of his tenants for reasons of noise pollution. 

The tenant has a duty of care and respect towards his neighbours. If this duty is not respected and the noise is deemed “unbearable”, then the tenant may be evicted with immediate effect. 

A few steps must be followed to do this:

  1. The written warning

In order for the immediate termination to be valid, the lessor must have sent a written warning to his tenant, ordering him to cease the nuisance within a given period of time. If this fails, then the landlord may evict him. 

We always advise you to send any document by registered letter as proof.

 

  1. Immediate termination

If the warning was not successful, you can send a letter of cancellation to your tenant. You will need to use a form provided by the Canton for this purpose. This will tell the tenant how to contest the cancellation (it is his right, don’t forget!). 

The tenant will then have 30 days to leave the premises.

 

Do you wish to warn your tenant or evict him/her? Contact us to draw up your warning letters !

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