Tenants' rights when faced with a rent increase

Tenants' rights when faced with a rent increase

"I own a house that I've rented out for a few years. New tenants have just moved in. The lease was signed a few days ago. The rent has been increased by 40 % compared with what the previous tenants were paying. This may seem like a disproportionate increase, but the rent I'm asking is just under the limit of normal rents in the area for a house like mine. The rent has not been contested. However, it seems to me that tenants have 30 days in which to do so, and that an official notice has to be completed stating the difference in rent between the old and new owners. Is this fair? And what are the risks if I forget to send them the duly completed notice?"

A, Versoix.

Under federal law, tenants have 30 days from receipt of the property to dispute the rent if they were forced to enter into the lease by personal or family necessity, or if the landlord has increased the rent for the same property compared to the previous tenant.

With regard to the official notice, the cantons have the option of making its use compulsory for all new leases. The cantons of Geneva and Vaud in particular have made use of this option.

This form must indicate the amount of the previous rent as well as the new rent, the basis of calculation or the reasons for any increase. It must also be signed by hand.

In Geneva, the official form must be notified no later than the day the property is handed over. From that moment, the tenant has 30 days to contest the rent and request a reduction.

If the official notice is not served, or is served more than 30 days after the handover of the property, or if any of the other conditions listed above are not met, the lease contract is considered to be partially null and void, as far as the rent is concerned. A new rent will have to be agreed.

However, if the landlord improperly fails to send the official notice to the tenant in order to prevent him from contesting the rent, the judge may decide to revert to the rent paid by the previous tenant.

The new rent you set is not considered unreasonable under federal law, as long as it is within the limits of the usual rents in the locality or district. I would therefore advise you not to forget to send the tenant the official notice in due form and on time.