The left is already threatening a referendum: parliament strengthens the rights of landowners

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For the Greens it is “another punch in the stomach” when it comes to rental law. On Monday, the Council of States further weakened rental law and undermined protection against dismissal, complains Green Land Council member Michael Töngi (56).

The SP also complains about an attack on rental rights. With salami tactics, the citizenry would weaken rental law in favor of real estate companies and landlords. The socialists are already threatening a referendum.

Adjustments for the benefit of the owners

Parliament has even passed several amendments to rental legislation in favor of property owners. The latter should be given more say when it comes to subletting properties. And if they claim their own needs, they should get to the properties faster.

The Council of States on Monday approved two proposals from the Legal Commission of the National Council (RK-N), which the Grand Chamber approved in March. They now have to go to the final vote at the end of the fall session.

When subletting, landlords must now explicitly and in writing agree to subletting. In addition, in the future, landlords must be given an extraordinary right of termination if the tenant does not meet the conditions for subletting.

The landlord should now also be able to refuse subletting if the subletting will last longer than two years. The Council of States approved this proposal by 25 votes to eleven. It goes back to a parliamentary initiative by Hans Egloff, former national councilor of the SVP of Zurich, chairman of the Swiss Homeowners Association (HEV).

He argued that subletting is actually intended for cases in which someone temporarily leaves their home. This is because he or she is going abroad and then wants to return home.

The RK-N also justified the changes with the increasing subletting of the apartment rental platform Airbnb. Especially in cities, cheap old apartments are often sublet at rents that are significantly higher than the rent of the main tenant. Sometimes rental properties are sublet to multiple subtenants at outrageous prices.

Easier to justify your own needs

With 29 votes to eleven and two abstentions, the Council of States approved the proposal for personal use in rental apartments.

Specifically, termination of the rental property should no longer be possible if the owner has an “urgent” personal need, but rather if the owner “can establish a significant and current personal need based on an objective assessment.” Supporters of this change hope it will speed up dispute proceedings.

This proposal also comes from the RK-N and goes back to a parliamentary initiative by the former Ticino FDP National Councilor Giovanni Merlini. Just as in March in the National Council, a left-green minority in the Council of States voted against the two changes or did not want them to take place.

This minority believes that the position of tenants is unilaterally weakened when subletting and terminating for their own use. The Geneva SP Council of States Carlo Sommaruga, president of the Swiss Tenants Association, spoke of “salami tactics” on the part of the owners, who multiplied initiatives for changes in rental legislation.

Administrative costs must be reduced

The Council of States also approved two amendments to the Obligations Code with regard to formal requirements in tenancy law. In the future, a mechanically reproduced signature on the official form should be sufficient to indicate an interest rate increase.

In addition, in the future, the written form should suffice for reporting rent increases that are laid down in a rental agreement. Until now, an official form had to be used for this.

This template has also been prepared by the Legal Commission of the National Council (RK-N). When reporting a rent increase, the Federal Court ruled in 2003 that this form must be signed by hand. A replica is only allowed under certain conditions.

This proposal also still has to go to the final vote. It goes back to parliamentary initiatives by National Councilor Olivier Feller (FDP/VD) and former National Councilor Karl Vogler (Centre/OW), who united the committee in a legislative project.

The RK-N argued that the change would reduce the administrative burden for institutional landlords such as pension funds. Tenants’ rights would not be limited. (SDA)

Source:Blick