Tenants’ association goes on the barricades against new revision of tenancy law
Published: Wednesday, Apr 10th 2024, 13:00
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The Tenants' Association (MV) is opposing a further proposal by homeowners to revise tenancy law. The amendments would massively weaken the rights of tenants. Landlords, on the other hand, are arguing for more transparency.
Even before the date for the referendum on two submitted referendums against amendments to the law to soften protection against dismissal in the case of subletting and owner-occupation has been set, tenants and landlords are once again arguing about another planned amendment to tenancy law.
This time it's about two parliamentary initiatives by former National Councillor and Homeowners' Association President Hans Egloff (SVP/ZH) to restrict the right of appeal against allegedly abusive rents. The consultation period expired on Wednesday.
Initial rents can now only be contested if there is a personal or family emergency - in addition to a shortage on the housing market or a "significant increase" compared to the previous rent. In addition, only three - and no longer five as previously - similar comparable properties will have to be submitted for the determination of local and neighborhood rents.
Easier verification and transparency
According to the Homeowners' Association (HEV), the implementation of the adjustments to the local and district transparency would make it easier to check the admissibility of a rent in the event of disputes and make admissible or excessive rents more transparent. This is because the burden of proof lies with the tenant or the landlord, depending on the constellation. It would therefore serve both parties if the proof of comparative rents were simplified.
The bill also clarifies the cases in which an initial rent could be contested retrospectively free of charge: Namely, when people are under pressure to sign a rental agreement because they cannot find another reasonable apartment. This would effectively prevent abuses. This would mean that all those who want to take advantage of the free state procedure without need would no longer be protected.
The SVP supports this argument: the subsequent challenge represents an enormous encroachment on contractual freedom and property rights, the party wrote. And the simplified proof of local and neighborhood custom serves both the tenants and the landlords, the arbitration authorities and the courts.
"Part of a perfidious plan"
The Tenants' Association (MV), on the other hand, speaks of a "part of a perfidious plan by the real estate lobby" to facilitate terminations and then increase rents even more. The "Egloff" revision of tenancy law would make it much more difficult for tenants to defend themselves against unjustified rent increases at the start of a tenancy. This instrument is of key importance to tenants and should not be weakened.
With the "fatal simplification of local and neighborhood custom in favor of landlords", landlords could in future select the most expensive apartments on the market as comparative apartments. As a result, tenants could simply be brought into line with market rents, which would lead to a "huge rent spiral".
The MA receives support from the Greens: the bill strengthens the position of landlords and, on the other hand, significantly worsens the protection of tenants. It also attacks the core of tenant protection in the Federal Constitution, which guarantees that the federal government must take measures to combat abuses in the rental sector.
©Keystone/SDA
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