Bedbugs!

Bedbugs!

 "A resident in my block of flats had his flat infested with bedbugs. The other neighbours and I wondered whether the building management company was obliged to eradicate these bugs. What can we do if they come into our homes? " L, Vernier

Article 259a of the Swiss Code of Obligations (CO) stipulates that, in the event of defects in the leased property for which the lessee is not responsible and which he is not obliged to remedy at his own expense, the lessee may demand that the lessor restore the property to its original condition, reduce the rent proportionately, pay damages or even take over the legal proceedings against a third party.

This legal provision is generally applicable to all cases where a property is affected by a defect. Bedbug infestation is considered by case law to be a serious problem that considerably hinders the use for which the property was rented, in particular by preventing the tenant from enjoying the flat at night, at the risk of suffering significant skin lesions. The tenant can therefore demand that the property be restored at the landlord's expense, since it is unlikely and often impossible for the landlord to prove that the tenant is responsible for the invasion.

However, under article 257g of the Swiss Code of Obligations, the tenant is obliged to notify the landlord or his management, preferably in writing, of any such defect, failing which he may be liable for damages resulting from any lack of diligence on his part. This is particularly the case if harmful insects such as bedbugs appear, as the proliferation of parasites in a building can be rapid and cause significant damage.

For example, the doctrine holds that the presence of rats, when they can spread a disease, should also be considered as a defect that the landlord must remedy. Conversely, the simple removal of ants or cockroaches constitutes minor work that the tenant must undertake. However, the extent of the defect must be determined on a case-by-case basis, in particular if compensation and a reduction in rent are to be calculated. A number of rulings by the Geneva Chamber of Leases and Rents have resulted in rent reductions ranging from 40% to 100% during the period in which treatment for bedbugs was in progress.

As you will have realised, the first neighbour to be infested was responsible for immediately notifying your landlord so that his flat could be treated at the landlord's expense. To prevent the infestation spreading, some flats will probably have to be inspected. If this hasn't been done and you see these insects appearing in your home, don't remain passive, otherwise the whole building could be infested and you could be liable for at least part of the resulting damage.