Renovation: entitlement to a rent reduction?

Renovation: entitlement to a rent reduction?

"The facade of my building is about to be renovated. I live on the ground floor with a small garden. A quarter of the garden is already "occupied" by scaffolding, which reduces daylight. When the renovation of the facade begins, the noise will be constant and the dust will pass through the closed windows, which are not airtight. Am I entitled to a rent reduction while the work is being carried out? If so, what percentage?

Gabrielle, Geneva

You are entitled to a rent reduction, as well as appropriate damages, if the building is renovated.

However, you are obliged to carry out any work that could reasonably be required of the building's residents. The concept of what is reasonable is examined on a case-by-case basis, but certain factors, such as the urgency, usefulness and extent of the work, are decisive. Article 260 of the Swiss Code of Obligations (CO) grants the lessor the right to renovate the rented property, which means that the tenant must bear the costs, but only under certain conditions. In particular, the landlord must take the tenant's interests into account. To do this, he must inform the tenant, among other things, of when the work is to start and for how long. In addition, the work must be organised in as unobtrusive a manner as possible.

Under article 259d of the Swiss Code of Obligations (CO), you are entitled to a proportional reduction of the rent in relation to the defect if the work restricts the use for which the property was rented. According to case law, the reduction applicable to a building under construction is one third of the rent from the time you become aware of the defect until it is rectified.

It should be noted that a deposit of the rent is not possible in this case, as it is the tenant's responsibility to pay for the renovation work.

Finally, tenants who wish to object to the work must apply to the Conciliation Board for Leases and Rents.