A cook to please... who pays the new
A cook to please... who pays the new
"My lease stipulates that household appliances are provided as a courtesy and are not included in the rent for the flat. Do I have to replace them at my own expense? If so, can I choose the make and model? Who will own them? Can I use the joint depreciation tables?
Paul, Geneva
Under art. 256 of the Swiss Code of Obligations (CO), the lessor is obliged to maintain the property in a condition suitable for the use for which it was leased. A landlord who rents a flat with household appliances must maintain them in working order and replace them if necessary.
However, art. 19 CO sets out one of the fundamental principles of Swiss contract law: freedom of contract. The subject matter of a contract may therefore be freely determined, within the limits of the law. The law does not prohibit restrictions on the movable services provided by the lessor. It is therefore perfectly possible to rent an unfurnished flat without any household appliances. On the other hand, it is also possible to rent a fully furnished flat.
If the equipment is provided on a willing-buyer/willing-buyer basis, it is a loan for use that is additional to the lease itself. It follows that the borrower must bear the maintenance costs (art. 307 CO) and return the item at the end of the contract (art. 304 CO). Consequently, a lessee wishing to dispose of such equipment should reach an agreement with the lessor to ensure that compensation is not claimed at a later date.
If nothing to the contrary is agreed in the lease contract, it goes without saying that you are free to choose the model and make of your appliances, as long as their installation does not require any work that might damage the building. These appliances will remain your property and, at the end of the lease, you can take them with you or try to negotiate their return with the new tenant.
Finally, the tables you mention are not binding and are intended to simplify relations between landlords and tenants or to inform judges by giving approximate lifetimes for the various items of equipment that may be supplied by landlords. They can be used as a basis for determining whether or not a piece of equipment needs to be replaced. In this case, as your household appliances are not included in your rent, you cannot ask for them to be replaced, so these tables are of no use to you.
