Unrequited rent increase

Unrequited rent increase

"In September 2007, I agreed to a monthly rent increase of CHF 200 because the owner of my building had told me that the boiler, which was in a terrible state, needed to be repaired or replaced immediately! But the boiler is still in place and, according to the heating engineer who came recently, it's going to "hold up" for another year. What can I do?

Gaby, Bernex

Under art. 269d of the Swiss Code of Obligations (CO), in the case of a lease of indefinite duration, the landlord may increase the rent for the next notice period at any time. The notice of rent increase, stating the reasons, must be sent to the tenant at least ten days before the start of the notice period, using a form approved by the canton.

Your landlord seems to have informed you verbally rather than using the compulsory form. In principle, this rent increase is null and void, and you can therefore demand that the landlord reimburse you the amounts unduly paid. Assuming that the landlord had validly notified you of the rent increase, you would then have accepted this amendment to the lease because the landlord had misled you. This would constitute fraud, and under article 28 of the Swiss Code of Obligations you would not be bound by your acceptance.

In both cases, you can ask the landlord to return the amounts overpaid, if necessary by taking the matter to the Conciliation Board for Leases and Rents, or even offset these amounts against rent up to the same amount. Under art. 120 of the Swiss Code of Obligations (CO), when two people owe each other sums of money or other services of the same kind, each of the parties may offset his or her debt against his or her claim, if both debts are due and payable. To do this, a declaration of set-off must be made in accordance with art. 124 of the Swiss Code of Obligations, in a clear and complete manner and preferably by registered letter, in order to inform the lessor.

However, there is a risk that this could result in your lease being terminated with immediate effect, so it is essential to consult a specialist to defend your rights in the manner required by law. In particular, you need to establish the validity of your claim and invoke set-off within the thirty days provided for in article 257d para. 1 CO, in order to deprive any early termination of the lease of its very rigorous effects.