Changes and renovations to the rented property by the landlord

Landlords have an obligation under which they must permanently maintain the leased property in the condition specified in the contract. Nevertheless, according to Art. 260 of the Swiss Code of Obligations, the landlord may make changes and renewals to the leased property during an ongoing tenancy. Alterations and renewals are more extensive interventions, which include modernizations, i.e. renovation works. Renovation work of this nature either exceeds a common removal of defects, aims to prevent possible damage or represents an intervention on the substance of the leased property.

PREREQUISITES: REASONABLENESS AND NON-TERMINATED RENTAL RELATIONSHIP

The landlord may only carry out the change or renewal if it is reasonable for the tenant. What the tenant can reasonably be expected to accept is determined by objective criteria. These include, the type of renovation as well as the duration of the tenancy. Furthermore, these criteria also take into account how useful a renovation is and whether it can be combined with maintenance work. The financial impact on the tenant is also taken into account. Modernizations that represent an extraordinary burden for the tenant, changes to the floor plan or luxurious construction projects, are considered unreasonable. Such structural changes may not be made as long as a tenancy agreement exists and the tenant does not agree.

In order for a renovation or change to the rental object to be permitted, the tenancy must not have been duly terminated. This intends to ensure that the tenant can also benefit from such structural changes in the future and does not only have to endure the disadvantages resulting from these renovation.

PERMANENT RESTRICTIONS ON USE IN ACCORDANCE WITH THE CONTRACT

If the lease agreement is agreed for a fixed term, the landlord cannot make any changes to the leased property. This is because the landlord cannot unilaterally change the contractual performance of the propoerty under the lease.

CONSIDERATION OF THE INTERESTS OF THE TENANTS

The interests of the tenant must be taken into account when carrying out the construction work. In addition, the landlord is obliged to minimize any inconvenience prior to the work and for the duration of the work. Furthermore, the landlord must inform the tenant of the extent of the work and the time schedule prior to commencing the work. On the other hand, the tenant is obliged to cooperate and must make the necessary preparations. This includes, for example, clearing, making the rented property accessible and taking measures to protect the furniture on the one hand and the furnishings on the other.

If you have any questions regarding landlord-tenant changes and/or renewals, our attorneys for tenancy law in St. Gallen, Zurich and Frauenfeld will be happy to help you.