Tenancy law governs contractual relations between landlords and tenants, but also between tenants and sub-letting tenants. A lease can be concluded for either a residential property or a commercial property (café-restaurant, hair salon, shop, etc.).
Tenancy law is a complex and constantly evolving field, in line with the case law of the Federal Supreme Court as well as initiatives or referendums promoted by the property industry or the tenants’ rights association ASLOCA. This gives rise to numerous disputes and raises delicate issues throughout all stages of a lease: such as for example when setting the initial rent (Can the rent be freely set? Can the amount of the rent be challenged after the lease has been concluded?), when terminating the lease (What grounds for termination are available to the landlord? How can a notice to quit be challenged?), during the term of the lease, in the event of any defects or any delays in the payment of rent, statements of incidental costs, rent increases (Can investment costs be passed on in the form of higher rent after work has been carried out?) or rent reductions (Is it possible to claim a rent reduction in the event of a fall in mortgage rates? Conversely, can a landlord object to this on the grounds that the rented property would generate an insufficient return?), or in the event of any defects affecting the rental property (Is there a right to urgent repairs? Can a reduction in the rent be claimed? Or damages?).
All of these questions require their own answers, which will be provided to you by the firm r&associés, which has a SBA specialist in tenancy law along with other specialist lawyers, who can where appropriate take action before the courts (conciliation authorities, tenancy law specialized courts, justices of peace, etc.).
