Your landlord informs you of a rent increase for your accommodation in Geneva or elsewhere in Switzerland, and naturally, you have certain questions. Can the landlord unilaterally decide to raise the rent? What can the tenant do to oppose it? Here are some answers.
Even if the rent is specified in your lease agreement, as the expiration date approaches, the landlord can, in certain cases, demand a rent increase. For this increase to be legally valid, the landlord must complete a form approved by the canton and send it to the tenant at least ten days before the termination period begins. This condition aims to give the tenant the option to refuse the rent increase by simply terminating the lease at the expiration date. It's also important to note that the landlord cannot increase the rent without justification. An increase in costs must be the reason behind the rent hike. These costs can come from various factors. Firstly, there may be an increase in the reference mortgage interest rate, and in such cases, rent increases are heavily regulated. Inflation can also explain the need for a landlord to raise the rent. Again, the increase is regulated. The rent cannot increase by more than 4% with a 10% inflation rate. Another similar condition provides the landlord with some flexibility to raise the rent. It relates to the overall increase in costs that the landlord incurs for your accommodation in Geneva, for example (insurance, taxes, etc.). Lastly, the landlord can invoke investments made that have increased the value of the property. By adding a balcony, replacing fixtures, or installing new equipment, the landlord may consider the current rent to be below market value.
We have just seen that the landlord can indeed impose a rent increase but not without certain restrictions. The first step for a tenant wishing to oppose it should be to verify that all conditions have been met. Has the landlord informed you with sufficient notice? Is the increase truly justified? Is the extent of the increase legal? However, you are not a specialized lawyer in rental matters. If, nevertheless, this rent increase appears unreasonable to you, you have the option to contest it with the conciliation authority of your residential district. Please note that you only have 30 days from the receipt of the landlord's information to file a complaint with this authority. After the hearing between the two parties, the authority can either propose a judgment or grant the landlord permission to proceed. In the latter case, you will have another 30 days to lodge a complaint. And if you believe that the effort is not worth it, you can turn to SherlockHomes to quickly find a new apartment rental with a new lease agreement and a lower rent.
Please note that this article may not cover all aspects and does not hold the author responsible.
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