Don't let the blues get you down!

Don't let the blues get you down!

My family owns a small, modest building in the canton. One of our tenants has informed me of an infestation of cockroaches and rats that urgently needs to be treated throughout the building. The problem is that another somewhat marginal tenant stubbornly refuses to let the company responsible for the treatment into his flat, even though the vermin probably originated there. What can you do about it?

H. Geneva

Under the terms of article 257h of the Swiss Code of Obligations, the tenant of a flat, business premises or building must tolerate work intended to remedy defects in the property or to repair or prevent damage. The tenant's obligation to tolerate maintenance or repair work ordered by the landlord is the counterpart of the landlord's obligation to maintain the rented property properly.

The lessor must inform the lessee in good time of the work planned and take account of the lessee's interests. As a matter of principle, the landlord may not enter the rented premises unannounced and without the tenant's consent. However, if the tenant objects without good reason to necessary work of which he has been duly notified, the landlord may bring an action before the Lease and Rent Tribunal to force him to tolerate it.

In an emergency - as in the case of an infestation of animals that are harmful to the health or safety of the building's inhabitants - the landlord may even ask the court to rule urgently (by super-provisional measures, i.e. without first hearing the parties opposing the proceedings), in order to order the tenant to accept the intervention of the company that will be responsible for eliminating the undesirable guests and then disinfecting the premises. In this case, there is no doubt that the work is absolutely necessary to preserve the rented property, including the rest of the building. In addition, significant damage could result if it is not possible to gain access to the flat in question.

The landlord may also ask for enforcement measures to be ordered directly, in the event that a particularly recalcitrant tenant or one suffering from Diogenes syndrome, for example, fails to comply with the court's decision: the judge may go so far as to order the police to intervene if the tenant fails to fulfil his obligations within a certain period, which may be as short as twenty-four hours if the situation is in peril.