Subletting and personal use: Allianz wants to protect tenants

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What happened?

During the autumn session, Parliament passed two bills that strengthen owners and weaken the rights of tenants. In concrete terms, the requirements for subletting must become stricter and the registration of personal use by the landlord must be made easier. On the other hand, an alliance around the tenants’ association (MV) took the referendum. The signatures were submitted to the Federal Chancellery on Tuesday.

Why is that important?

The subject makes waves. The necessary 50,000 votes were reached halfway through the referendum period, says MV president Carlo Sommaruga. How is that possible? Many people are already concerned about the difficult situation on the housing market, according to Sommaruga. They are unwilling to accept that it would be easier for them to be evicted from their homes in the future.

Double referendum – what does that mean?

There is talk in the media about a double referendum. These are two separate referendums. The law revisions have not been combined into one template. Therefore, a referendum must be held against each legislative change separately.

What is the revision of the subletting law about?

Subletting is a right of the tenant. However, the landlord must agree to the subletting. The reasons why he can refuse consent are listed in detail in the law.

The requirements are now stricter. If the tenant wishes to sublet, he or she must submit a subletting request in writing. Certain information must be provided about the subtenant, the duration of the contract and the subletting rate. In addition, subletting is limited to two years. If such formalities are not complied with, the lessor may terminate the contract upon 30 days’ notice following a failed written reminder.

And what about cancellation due to personal use?

Anyone currently terminating due to their own needs as a landlord must indicate that their own needs are urgent. If the termination is disputed, the judge will determine what is urgent.

However, the requirements for what is considered urgent must now be relaxed. Furthermore, challenges should be dealt with in a faster procedure that may take a maximum of several months.

What does the referendum committee say?

Overall, the two newly planned laws will weaken the tenant side and strengthen the landlord side. In addition, dismissal protection is at risk.

This must be prevented, because tenants are already getting the short end of the stick and have to pay too high rents. The committee also fears that the planned change in the law is the first step in a longer-term plan of the real estate lobby. Dispose of them more easily at first and then raise rental prices.

What do the opponents say?

Hans Egloff, former national councilor, submitted the parliamentary initiative for subletting. He says he wants to prevent excessive subrental prices. In addition, the purpose of the sublease is the temporary transfer of use. According to him, this goal can be circumvented too easily under current law.

Giovanni Merlini, also a former member of the National Council, submitted the parliamentary initiative for his own use. According to him, current regulations prevent landlords from actually being able to access the rental property within a short period of time. In the event of disputes, the procedure often drags on for years. He also wanted to achieve an appropriate balance of the interests of tenants and landlords.

What happens now?

A referendum requires 50,000 votes. According to the committee, approximately 75,000 votes were transferred to the Federal Chancellery. These must now be counted. It is very likely that this will happen. Both referendums are expected to be voted on later this year.

Source:Blick