Can I ask for my flat to be renovated?
Can I ask for my flat to be renovated?
I'm getting on in years and the bathroom in the flat I've rented for many years now is not adapted to my age. Can I force my landlord to replace the existing bath with a shower, which would be much more practical for me?
C. Vaud
Unfortunately for you, the answer is no. The lessor is only obliged to deliver the property in a condition suitable for the use for which it was rented and to maintain it in that condition, in accordance with art. 256 of the Swiss Code of Obligations (CO). In other words, the tenant rents the property as it is, i.e. in the condition in which he or she visited it before entering into the lease agreement, and has no right to bring it up to date.
In this respect, it does not matter whether the refurbishment requested by the tenant concerns facilities that are impractical, outdated or unsightly, the rule is the same. The landlord is therefore under no obligation to adapt the installations in the rented property to changes in technology or in people's tastes. For example, if the kitchen in your flat does not have an extractor fan, or if the bathroom does not have a shower cubicle but does have a bathtub when you sign the lease, you cannot subsequently claim that this is a defect that your landlord is obliged to repair.
The idea that landlords must carry out certain repairs, such as repainting walls, at their own expense after a certain number of years of tenancy, while fairly widespread, is also false. Although there are tables drawn up by tenants' and landlords' associations that show the average lifespan of certain fixtures and fittings, this does not mean that tenants can demand changes once this period has elapsed. Rather, these tables are used to define whether and to what extent a tenant who has terminated his lease and handed over his flat should contribute to the costs of refurbishing the rented property, depending on what is considered normal wear and tear. For example, if a tenant has lived in a flat for ten years, the cost of freshening up the paint on the walls - which may have yellowed or had a few stains on them, for example - cannot be charged to the tenant, as it is considered normal for the walls to be 'worn' after such a long period of time.
It should also be pointed out that, according to the rule laid down in art. 260a of the Swiss Code of Obligations, the tenant only has the right to renovate or modify the property with the written consent of the landlord. Converting the bathtub in your bathroom into a shower cubicle therefore requires your landlord's authorisation; if your landlord agrees to the work being carried out, you will normally have to pay for it, unless you manage to reach an agreement on the matter.
