It's freezing and the management doesn't want to heat any more

It's freezing and the management doesn't want to heat any more

"Ever since the district heating system came on in my building this winter, I've been shivering while turning the radiators up to maximum. Despite our complaints to the heating company (phone calls, registered letters) nothing has changed. In 2015, everything was fine with this heating system and we were paying high monthly charges. Now we have to use auxiliary radiators! What do we have the right to demand?

Christine

Under art. 256 of the Swiss Code of Obligations (CO), the landlord is obliged to deliver the rented property in a condition suitable for the agreed use and to maintain it in that condition. In this respect, the tenant may require the landlord to heat the property adequately or to provide the necessary equipment. Although the law does not define the minimum temperature that the landlord must guarantee to the tenant, it is generally accepted by case law that it should not be less than 18 degrees.

Art. 259a et seq. of the Swiss Code of Obligations stipulate that 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, reduce the rent proportionately or even pay damages. If the temperature in your home is below 18°, you have a defect and you are entitled to demand that your landlord rectify it by heating your home appropriately. Your landlord is obliged to rectify the fault within a reasonable time of becoming aware of it, so it's up to you to report the problem without delay.

In addition, if the defect hinders or restricts the use for which the property was leased, the lessee may demand a proportional reduction in the rent from the time the lessor became aware of the defect until it is rectified. The amount of the rent reduction is set by the judge on a case-by-case basis. The courts have already awarded a rent reduction of 20% in cases like yours.

Finally, a tenant who suffers loss as a result of the defect has a claim for damages against the landlord - unless the landlord can prove that he is not at fault - for example if the cold has caused extraordinary costs, damaged household effects or caused illness.