Too many people for one lift

Too many people for one lift

"I live in a 12-storey building with two lifts. For the past two months the main lift has been out of order. This means that the other lift is overloaded and there are long waits at peak times. Can I demand a temporary rent reduction?

M., Geneva

Under the warranty against defects owed by the landlord, the tenant has a number of rights, including the right to demand a reduction in the rent, subject to certain conditions. If a defect restricts the use for which the property was rented and is not attributable to the tenant, the latter may assert his right to a reduction as soon as the landlord becomes aware of the defect. The fact that the defect relates to the common areas does not deprive the tenant of his right, but the hindrance will be less than an infringement of the freedom to sleep, eat or cook. In addition, the restriction on use must be objective and calculated in proportion to the inconvenience, since the aim is to restore the balance between the landlord's performance and the tenant's performance.

We must therefore compare the use of the thing with the defect and the use that could be made of the thing if it were free of defect. For example, if one bedroom in a four-room flat is unusable, the rent will be reduced by 25%. With regard to the deprivation of a lift for a tenant on the 4th floor, case law has held that a reduction of 10% was admissible.

However, it is important to remember that each case must be analysed on its own merits, and that in this case the question of obstruction is a very delicate one. The fact that 'traffic' between floors is slowed down only at peak times does not clearly constitute a defect leading to a disruption in the balance of services. It could be argued that this inconvenience is too slight, since the Federal Court has held that the use of the rented property must be restricted by at least 5%. Does slowing down the lift at certain times of the day amount to a 5% restriction? Without further information, the question can be left open.

In your case, it is best to start by writing to your landlord to inform him of the defect and request a rent reduction. You can also apply to the conciliation authority for authorisation to reduce the rent. These steps will protect you from prosecution or early termination of the lease for non-payment of rent if the rent reduction you have applied turns out to be exaggerated or unfounded.