The lessor of a property is not always the owner

The lessor of a property is not always the owner

"I had been renting a second home for several years. The contract was concluded verbally. When I terminated it, I found out that the landlady was not the person I had been paying rent to, but her daughter, who is now claiming back the sums I have already paid. Is the contract valid?

Michèle, Bernex

Two parties are required to form a lease contract. These are the lessor, who undertakes to transfer the use of the property, and the lessee, who undertakes to pay a certain rent for this use. The lessor may be a natural person or a legal entity, and does not necessarily own the leased property. It is common, for example, for the lessor mentioned in the contract to be a management company or another representative of the owner, if the latter wishes to remain discreet. The lessor may also be the tenant, as in the case of subletting. In other situations, the lessor may be made up of several people, who are then co-owners, for example when the members of an heirship or co-ownership share a common property. As you can see, there is no legal requirement for the owner and lessor to be identical. However, it goes without saying that the owner alone has the right, by virtue of the right of ownership, to dispose of his property as he sees fit, and therefore to authorise a lessor other than himself to let his property. This is often a property manager, who represents the owner. The rights and obligations arising from acts carried out in the owner's name pass automatically to the owner, if the lessor has made herself known as such or if you can deduce from the circumstances the relationship of representation between mother and daughter.

As no form is prescribed by law, lease contracts may be concluded in writing, orally or by deed. In some cantons, however, a new tenancy agreement must be concluded using an official form, as is the case in French-speaking Switzerland, Geneva, Neuchâtel, Fribourg and the canton of Vaud. The main purpose of the official form is to protect tenants against excessive rent or a disproportionate increase compared with the previous rent. Failure to do so will result in partial nullity of the lease, but only in respect of the amount of rent, and you should invite the daughter to declare officially whether she ratifies the contract you have entered into with the mother, failing which you will be able to demand repayment from her of the sums you have paid into her hands, unless you can demonstrate that you could believe in good faith that the mother was authorised to collect the rent on behalf of her daughter.