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In the event of defects pertaining to a leased property, differences often arise between the landlord and the tenant. In principle, the landlord must ensure that the leased property can be used according to its purpose. The purpose is determined by the contractual provisions agreed between the tenant and the landlord. If defects arise during the rental period, the question arises as to who is responsible for their rectification. This depends on the severity of the defect. Medium and serious defects must be remedied by the landlord as soon as possible. If the landlord fails to do so, the tenant has various means to take action. The choices are discussed in the following sections.
BBefore the means of taking action can be discussed, a distinction must be made between the different types of defects. A distinction can be made between minor, moderate and severe deficiencies. Light defects are defects that can be repaired by a averagely skilled person without having to rely on the help of a technical specialists. These are defects that cost less than approximately CHF 200. This is only a guideline estimating potential price. Light defects are deemed "minor maintenance". Moderate defects are those that impair the functionality of the rented property, but do not make its use impossible. In contrast, in the case of severe defects, the suitability of the rented property is significantly affected. It is impossible to use the rented property for its intended use and this can therefore not be expected of the tenant.
The course of action differs depending on the severity of the defect. If the defect is minor, the tenant must remedy it himself. By contrast, a moderate or severe defect must be remedied by the landlord within a reasonable period of time. As a tenant, you have various options on how to proceed in the event of a defect. However, it is important that the landlord is informed about the damage regardlesser.
The tenant may remedy the defect himself at the landlord's expense. However, it should be a clear defect. If there is urgency, which precludes waiting, the defect may be remedied before informing the landlord. However, the landlord must be informed subsequently and as quickly as possible. To protect yourself as a tenant, you should have the service company issue a confirmation of the nature and urgency of the defect.
If the defect in question is a moderate or severe defect, a rent reduction may be demanded, provided that the defect was not caused by the tenant himself. Not every defect justifies a reduction of the rent. The specific claim is determined by the duration and intensity of the defect and must always be examined in the specific individual case. If you need assistance with rent deficiencies or their qualification, the attorneys in St. Gallen, Zurich and Frauenfeld will be happy to assist you. However, in order to be able to demand a rent reduction, the landlord must firstly, have been informed about the defect and secondly, its resolution must have been demanded. The claim on rent reduction exists from the time the landlord becomes aware of the defect and continues until the defect has been remedied. The extent of the reduction depends on the severity of the impairment of the use of the leased property.
It is also possible to deposit your rental payment at a public office. The rent is then considered paid. Under no circumstances should you simply withhold your rent. In order to be able to deposit the rent, the landlord must first be given a deadline for the rectification of defects and be threatened with a rental reduction. If these requirements are met, the rent can be deposited. The tenant now has a 30-day period to submit the claim in writing to the local arbitration board on rental matters. The claim is for the removal of the defect but may additionally be for the reduction of the rent or for damages. The ratio legis of the deposit of the rent is to put the landlord under pressure to remove the defect. If the complaint is filed, the arbitration board will set a date for an arbitrational hearing, in which it will try to find an agreement between the tenant and the landlord.
If you need help or advice, please do not hesitate to contact the lawyers of Teichmann International in St. Gallen, Zurich and Frauenfeld. We will provide you with the best possible support for your concerns.