Tenancy Law
Tenancy law questions concern your home or your property. We advise and represent you in terminations, rent adjustments and disputes arising from the lease — objectively and with a focus on solutions.
What we do for you.
Rental Disputes
Representation in conflicts between tenants and landlords — before the conciliation authority and in court.
Protection Against Termination
Challenging abusive terminations and seeking an extension of the tenancy (Art. 271 et seq. CO).
Rent
Review and challenge of rent increases as well as requests for rent reductions when the reference interest rate falls.
Lease Agreements
Drafting and reviewing lease agreements for residential and commercial premises.
Construction and Neighbour Law
Building permits, boundary disputes, nuisance issues and neighbour law actions.Tenancy Law: Clear Rules for a Sensitive Relationship
The tenancy relationship is regulated in detail in Art. 253 et seq. CO — and yet it is one of the most conflict-prone areas of everyday law. It concerns your own home, commercial premises on which a business depends, or a property held as an investment. We advise and represent both tenants and landlords; this dual perspective helps us to anticipate the other side's arguments early and to find realistic solutions.
Termination and Protection Against Termination
A termination of the lease can be challenged if it violates the principle of good faith (Art. 271 CO) — for example as retaliation after justified complaints about defects. The challenge must be filed with the conciliation authority within 30 days (Art. 273 CO). Independently of this, an extension of the tenancy can be requested in cases of hardship: up to four years for residential premises, up to six years for commercial premises (Art. 272 and 272b CO). We review terminations at short notice, safeguard the deadlines and represent you in the proceedings.
Rent: Increases, Reductions, Initial Rent
Rent increases are only valid if communicated on the officially approved form and justified (Art. 269d CO). Conversely, tenants can request a reduction when the reference interest rate falls; under certain conditions, the initial rent can also be challenged (Art. 270 CO). We do the maths, examine the justification and enforce justified claims — or fend off unjustified ones.
Defects in the Rented Property
If a defect impairs the suitability of the flat or the commercial premises, the tenant is entitled, among other things, to have the defect remedied, to a proportionate rent reduction and, in certain circumstances, to damages (Art. 259a et seq. CO). A prompt, verifiable notice of defects is decisive. We also represent your interests when the property is returned and in disputes about the rental deposit.
Construction and Neighbour Law
In connection with real estate, we also advise on construction and neighbour law: building permits and objections, boundary disputes, excessive nuisances (Art. 684 CC) and neighbour law actions.
The Procedure: Conciliation First
Tenancy disputes begin before the conciliation authority at the location of the property. The proceedings are in principle free of charge (Art. 113 CPC) and often end in a settlement. If no agreement is reached, we represent you in court. Our offices in Wil SG (Villa India), Zurich, Teufen AR and Gossau SG cover Eastern Switzerland and the Zurich area — we know the local conciliation authorities and courts.
