Tenants' rights and the passage of time
Tenants' rights and the passage of time
"I've been renting the same flat for nearly 10 years, and I've rented the thing with a fully equipped kitchen, including a fridge and cooker. If, due to wear and tear, the equipment in my kitchen stops working, who is supposed to replace it? The tenant or the landlord? It's not clear from the rental contract.
Elsa, Geneva
Articles 253 et seq. of the Swiss Code of Obligations (CO), supplemented by the Ordinance on Leases of Residential and Commercial Premises, contain the rules applicable to leases. According to these provisions, the tenant's essential obligations are to pay his rent, to show due care and consideration to his neighbours and to carry out the minor cleaning and repair work that may be expected of him.
However, according to Article 259a of the Swiss Code of Obligations, if there are defects in the property for which the tenant is not responsible and which he is not obliged to remedy at his own expense, or if the tenant is prevented from using the property in accordance with the contract, he may demand that the landlord restore the property to its original condition.
If your cooker no longer works, even though the kitchen is contractually required to be equipped, this constitutes a defect in your flat, and you can therefore ask your landlord to restore the property to its original condition. You should inform the landlord of this, preferably by registered letter, and give him a reasonable period of time in which to remedy the defect.
If the landlord fails to remedy these defects, articles 259a to 259i of the Swiss Code of Obligations allow you to demand a proportional reduction in the rent and damages. To assert your rights, you can also notify the landlord in writing that if the defects are not remedied within the specified period, you will deposit the outstanding rent with the deposit office designated by the canton; in Geneva, the office responsible for receiving such payments is the cashier's office at the Palais de Justice.
