My landlord is forcing me to visit
My landlord is forcing me to visit
"I am currently living in a flat in Geneva. I terminated my lease at the end of January 2016, respecting the notice period. Since I sent the notice, the landlord wants to impose visits on me, including at weekends. He keeps calling to give me 24 hours' notice of the next visit. But I work at 100%. Does he have the right to impose such hours on me?
Anonymous, Geneva
Under article 257h of the Swiss Code of Obligations (CO), the tenant must allow the landlord to inspect the property insofar as this is necessary for maintenance, sale or subsequent rental. However, you are not required to be present during these inspections, so you can leave your keys with a neighbour or the caretaker. You can also be represented by someone you trust, such as a friend or relative.
As the organisation of visits can create practical problems, the law stipulates that the landlord must give the tenant advance notice of inspections and take account of the tenant's interests. In particular, the landlord must respect your working hours or any absences you may have due to holidays. As a general rule, the terms and conditions of inspections of the rented property are governed by standard contracts or rental practices. Article 5 of the framework contract for French-speaking Switzerland, which applies in particular to the cantons of Geneva, Vaud and Neuchâtel, stipulates that, except in urgent cases, the landlord who must visit the rented premises or have them visited must give the tenant five days' notice. This period is reduced to 24 hours in the event of early return. Visits may take place any day except Sundays and public holidays. The rental rules and practices of the canton of Geneva provide for exactly the same arrangements.
In this case, as you did not terminate your lease early, your landlord cannot give you just 24 hours' notice. You may, however, be required to visit on Saturdays, subject to five days' notice. Visits on Sundays are not permitted. Finally, with the festive season approaching, your landlord may under no circumstances disturb you on public holidays, especially Christmas Day!
