If the landlord suddenly gives notice
A termination can hit tenants of commercial premises hard. The law therefore protects them - just like residential tenants - against abusive termination and gives them the opportunity to extend the tenancy. By Patrick Strub, lic. iur., lawyer, legal expert and editor at Beobachter-Beratungszentrum.
Freedom of termination also applies in tenancy law: neither tenants nor landlords need a specific reason for a termination - only it must not be abusive. In addition, landlords must use an official termination form, otherwise their termination is null and void and has no legal effect.
If you as a tenant receive a formally valid termination, you can contest it within 30 days at the arbitration board in rental matters. The procedure is free of charge. All you need to do is send a registered letter to the conciliation authority in which you declare your intention to contest the termination, enclosing copies of the rental agreement and the notice of termination. Alternatively, you can use the form provided by the federal government (www.ejpd.admin.ch -> Topics -> State and citizens -> Civil procedure law -> Forms for party submissions). The authority at the location of the rental property is responsible (www.mietrecht.ch -> Conciliation authority).
The minimum notice period for commercial premises is six months. If you have a shorter notice period in your tenancy agreement, the six months still apply. Longer periods can be validly agreed. The termination dates are freely selectable in the contract: whether at the end of each month, each quarter, only once a year or even with a notice period of several years ("first terminable by") - anything is permitted. If the landlord terminates the contract with too little notice or on the wrong date, the termination is automatically - i.e. even without contestation - only valid from the next possible date.
The letter of termination must be received by you before the start of the notice period. If you do not accept it, it is normally deemed to have been delivered on the first day on which you could collect it from the post office. If you are unable to do so, for example due to vacation absence, it is deemed to have been delivered on the seventh and last day of the postal collection period.
A termination can be abusive - for example, if the stated reason for termination is pretextual, insignificant or vexatious or if the landlord's interest in terminating the tenancy is significantly less than the tenant's interest in continuing the tenancy.
Termination due to total renovation or because the landlord wishes to use the premises himself is generally permissible. The same applies if the landlord has an interested party who is close to him or who would only pay a higher rent - provided this rent is not abusive. If, on the other hand, the termination comes because you have asked the landlord to reduce your rent due to a defect, to repair the defective entrance door or to remove mold, then it is an abusive revenge termination.
In the event of a lawful termination, there is still a maximum extension of six years for commercial premises. To determine the duration, the tenant's interests are compared with those of the landlord. Normally, there is a good chance that the tenancy will be extended at least a little - unless you have massively breached your duties of care and consideration or have stopped paying the rent.
Book tip
Tenancy law
Moving, costs, termination - everything tenants need to know
256 pages, Fr. 34.-
7th, expanded and updated edition, 2010
ISBN 978 3 85569 429 7
Beobachter Publishing House
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