Tag: Anfangsmietzins

  • Commission supports selective changes to tenancy law

    Commission supports selective changes to tenancy law

    The National Council’s Legal Affairs Committee has passed two important bills aimed at improving the legal situation in tenancy law. One of the bills stipulates that in future, initial rents can only be contested if the renting party was in an emergency situation at the time the contract was concluded. This is intended to reduce legal uncertainty and avoid lengthy proceedings.

    The second bill deals with making it easier to prove the so-called “local and neighbourhood custom”. This is intended to lower the requirements for the proof of comparative rents and enable the admission of industry-established statistics as evidence. The aim is to improve the comparability of rents and thus prevent abusive rent demands.

    Decision following consultation
    The Commission’s decision is based on the results of the consultation on the parliamentary initiatives of former National Councillor Hans Egloff. Despite the minority motions tabled, the committee was clearly in favour of implementing the initiatives in accordance with the wording.

    The bills that have now been adopted are expected to be debated in the National Council in the 2025 spring session.

  • National Council against nationwide introduction of mandatory rental forms

    National Council against nationwide introduction of mandatory rental forms

    On Tuesday, the Grand Chamber rejected the initiative by former National Councillor Natalie Imboden (Greens/BE) – by 116 votes to 71 with 4 abstentions. A bourgeois majority from the SVP, FDP and Centre Party prevailed. The parliamentary initiative is now dead.

    Michael Töngi (Greens/LU) argued unsuccessfully that the rental form requirement would improve transparency in the rental sector. Today, prices are often increased when tenants change – resulting in a “far too high return”. By systematically disclosing the amount of the previous tenant’s or landlord’s rent, tenants would be able to defend themselves more easily against abusive rents.

    Philipp Matthias Bregy (centre/VS) stated on behalf of the majority of the committee that the cantons are already free to introduce a form for the initial rent of the previous tenant for their canton. Regulating the question of forms at federal level would contradict the idea of federalism.

    “All in all, the proposal creates more bureaucracy,” says Bregy. Tenants already have legal instruments at their disposal to contest the initial rent. He also pointed out that even in the cantons with mandatory forms, there had been no fall in rents or increased transparency.