Topic

Tenancy law

The Swiss Student Union offers a series of video FAQs on housing and tenancy law with Léa Pacozzi, former member of the Union’s Executive Board, and Christian Dandrès, lawyer at the Swiss Tenants’ Association Geneva, member of the Swiss Tenants’ Association committee, and National Councilor. In these videos, we will go through the different stages of tenancy law, from looking for accommodation to moving out of your apartment.

The purpose of these videos and this FAQ is to provide basic information for students who would like to move to Switzerland or who are already here and looking to rent an apartment, to inform them about the risks of tenancy law and their rights and how to enforce them.

These videos are not exhaustive and there is still some reading to be done or advice to be sought from legal services. However, these videos provide some basic information to help you get started and avoid being taken advantage of by a landlord when signing contracts or moving out of an apartment.

If in doubt, consult a legal advice center of the Swiss Tenants’ Association or your student association.

The videos are in French, but German subtitles are available. You can also download the transcript as a text document.

Introduction

This introductory episode presents the concept and provides a brief overview of the issues that many students face.

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1. Before signing the lease

What should I pay attention to when looking for an apartment? During the first meeting with the property management company, what information may the property management company or landlord ask me for as a prospective tenant?

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2. Signing the lease

What does the lease agreement look like? Do I have to sign anything? What documents will I receive when I sign the agreement? What else should I pay attention to when signing the lease?

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3. Moving in

The lease agreement has now been signed and I am moving in today. How does the move-in inspection work and what is it for?

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4. Rent

How can I tell if my rent is too high when signing the lease agreement? If I think my rent is excessive, what can I do? Can the rent change during the lease?

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5. Shared accommodation and subletting

What do the terms “shared accommodation” and “subletting” mean in legal terms? If I sublet my apartment or part of it, what are my responsibilities?

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6. Voluntary termination of the lease

I want to move out of my home. What are the procedures? In the case of subletting, if I want to move out of my apartment and I have subtenants occupying part of it, can I transfer my lease to them?

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7. Forced termination of the lease

I want to stay in my apartment but my landlord is terminating my contract. What can I do? How does it work if I want to stay in my home in the case of a fixed-term contract?

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8. I am moving

My contract has been terminated. What steps do I need to take to vacate the premises? I have now returned the keys to my apartment. How do I get my deposit back?

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9. Deadlines

Several deadlines were mentioned in the various videos. How do these deadlines work and why are they important?

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Students also affected by the deterioration of tenants’ rights

During the fall 2023 session, the Parliament adopted two amendments to tenancy law that will have a negative impact on (sub)letting conditions, affecting students in particular. The Parliament approved tighter restrictions on subletting and accelerated termination in cases of personal need.

Key points:

  • Subletting is being made more difficult and will now only be possible with the written consent of the landlord.
  • Subletting for more than two years may be refused without justification.
  • Landlords can terminate the lease at the next regular expiry date if they claim personal need, meaning tenants can be evicted much more quickly.
  • In the event of a dispute, the tenants’ living situation is no longer taken into account.
  • The current law already provides sufficient tools to combat abuse by tenants. For this reason, the Federal Council has also recommended that these two bills not be considered.

Why students are particularly affected:

  • Students are more likely to live in sublet accommodation and have small budgets.
  • The already limited housing options for students could be further reduced by the two proposals.
  • A deterioration in housing conditions not only increases the financial burden, but also has an impact on students’ mental health due to insecurity.
  • The situation on the housing market is very difficult at the moment. Vacancy rates are low and the rise in the reference interest rate is leading to higher rents.

Overall, the living conditions and financial stability of students in Switzerland are being undermined by this attack from the real estate lobby. It is important that the interests and needs of students are taken into account when considering and implementing such legislative changes, in order to ensure that they have access to affordable and stable housing.

Signature collection

The two referendums collected around 75,000 signatures each and were submitted on January 16, 2024. The people will vote on them in the second half of the year.

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