Work: what can the tenant demand?

Work: what can the tenant demand?

"When the lease passes to the heirs following the death of the tenant, is the property management company authorised to increase the rent as it would with a new tenant? If nothing has been done for 20 years, can we ask for work to be carried out without increasing the rent?

Bernard, Vernier

Firstly, with regard to rent increases, although these often occur when the lease is transferred to a new tenant, the lessor may increase the rent for the next termination period at any time (art. 269 d of the Code of Obligations). In the event of an increase, it is important to check that the amount and the reasons given are justified. The notice of rent increase must be sent to the tenant at least ten days before the start of the notice period, using a form approved by the Canton. It must also state the reasons for the increase in such a way that the tenant can understand and assess whether or not to contest the increase.

With regard to the question of works, the lessor has a general maintenance obligation under the law, any clause to the contrary being null and void. The lessor is legally obliged to remedy deterioration resulting from use in accordance with the contract, to the exclusion of deterioration resulting from the lessee's fault.

A distinction must then be made between maintenance work and renovation work. Maintenance work is repair work required to maintain the rented property in a condition suitable for the use for which it was rented, and is intended to eliminate defects that have arisen during the term of the lease (e.g. replacing a faulty cooker or repairing a damp wall). Maintenance work is the responsibility of the landlord insofar as it does not involve minor repairs, which are the responsibility of the tenant (e.g. replacing a seal). They do not therefore involve a de facto increase in rent.

Renovation work, on the other hand, alters the substance of the rented property and generally adds value (e.g. changing the kitchen or windows). Renovations generally lead to an increase in rent.

If nothing has been done for 20 years and the paintwork and wallpaper are faded, this is a defect resulting from lack of maintenance, and the tenant can ask for the property to be restored without any increase in rent.