Best Landlord & Tenant Lawyers in Bern

About Landlord & Tenant Law in Bern, Switzerland

Landlord and tenant law in Bern, Switzerland, is primarily concerned with the principles and regulations that govern the rental of property and the relationship between landlords and tenants. This legal field covers areas such as lease agreements, duties and rights of both the landlord and tenant, eviction procedures, and deposit refund policies. Swiss law generally offers strong protections for tenants, ensuring that they are treated fairly and are able to enjoy uninterrupted use of the property.

Why You May Need a Lawyer

Engaging a lawyer is advisable in many situations, whether you are a landlord or a tenant. For instance, you may need a lawyer to draft or review your lease agreement, resolve conflicts such as rental increase disagreements, damage to property, or eviction issues. Legal help can also be crucial when you need to understand your rights and obligations as a landlord or tenant, or need assistance dealing with complex administrative procedures. A lawyer can also guide you appropriately if you're faced with discriminatory practices.

Local Laws Overview

The Swiss Code of Obligations regulates most of the elements of landlord and tenant law in Bern. This includes the requisite for written rental agreements, rights and obligations of both landlords and tenants, termination of rental relationships, and rental deposit procedures. Specifically, in Bern, laws are leaning more towards the protection of tenants. These local laws ensure, among other things, that rent increases are justified and fair and evictions are carried out legally and ethically. The law also entitles tenants to respect for their privacy and prohibits landlords from unannounced visits.

Frequently Asked Questions

How much can a landlord increase the rent in Bern?

In Bern, rental increases should be justifiable, usually tied to renovation works or increased operating costs. The Swiss Code of Obligations stipulates that rent increases should not be excessive and must be challenged within 30 days if they are deemed unfair.

What are my rights as a tenant if my landlord wants to evict me?

Facing eviction, tenants in Bern have the right to be informed as soon as possible. The eviction notice has to be issued formally, and the tenant can challenge it within 30 days. In some cases, tenants can also request an extension to their lease.

Can a landlord enter the rented premise without notice?

No, the tenant's privacy is protected by law. The landlord will have to get the tenant's permission and must schedule the visit in advance unless there is an emergency.

What happens if I damage the rented property accidentally?

Tenants are typically responsible for paying for any damages they cause. However, you will not be held liable for normal wear and tear or defects present before the start of the lease.

Can I sublet the rented apartment?

Yes, you can sublet your rented apartment. However, you must first obtain permission from your landlord, who cannot refuse without a valid reason.

Additional Resources

The Federal Office for Housing (FOH) provides useful information about landlords and tenants' rights and obligations. The Federal Statistical Office (FSO) provides key data and statistics about the housing market in Bern. Local tenants' associations or unions also provide advice and support for tenants.

Next Steps

If you need legal assistance, consider contacting a local law firm specializing in landlord and tenant law. Most offer initial consultations for free or at a low cost. If you are a tenant and believe your rights are being violated, consider reaching out to a tenants' association in Bern for advice and support. Whichever step you decide to take, make sure to document all interactions and keep copies of all relevant documents, such as rental agreements and any written correspondence with your landlord.