The latest such case occurred in the Sugus housing complex in Zurich, where 105 tenants are being evicted so that the owners can renovate the buildings and, as is usually the case in such situations, increase the rent substantially afterwards.
According to Walter Angst of the Zurich Tenants’ Association, terminations of leases without valid grounds are increasing and “fuelling uncertainty and anxiety” among tenants.
The situation is particularly difficult for families with school-age children, pensioners and low-income households. “For them, a termination of tenancy can become a catastrophe,” he said, since the odds finding other similarly-priced rental properties in areas suffering from the housing shortage is slim.
And evictions are on the rise not just in Zurich but in other Swiss regions as well.
According to a study by the Zürcher Kantonalbank, the cities of Basel, St. Gallen and Bern have, along with Zurich, recorded the highest number of groundless lease terminations in recent years.
Increasing number of tenants in Lucerne, Winterthur, Davos, as well as the Lake Geneva region, have also been terminated.
What are the legitimate reasons for eviction?
The most prevalent one is not paying rent, which is the same as occupying the premises illegally.
Obviously, the landlord doesn’t want to keep a tenant who does not pay, especially since the housing market is tight in many parts of Switzerland, and they could easily find someone ready and willing to pay rent.
In such a case the landlord has a right to terminate your lease, as outlined in your rental contract.
You could also be evicted if you don’t comply with the rules (both written and not) of your tenancy in terms of noise, order, and respect for the property and the neighbours.
In terms of renovations, “the landlord can carry out renovation or building work to the rental property, as long as this is reasonable for the tenant and the tenancy agreement has not been terminated,” according to AXA insurance.
This is not the case for tenants of the Sugus housing, who have been given eviction notices.
READ ALSO: When does your Swiss landlord have the right to evict you?
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What are your rights in case of unjustifiable eviction?
You can – and, according to Angst, definitely should – contest the termination.
Each canton has a conciliation authority that mediates in disputes between tenants and landlords.
Though rent increases typically make up the largest proportion of cases settled by the conciliation authorities, unfair evictions are also subjects brought up for arbitration.
“If the termination is motivated by a renovation project, it is almost always worth contesting it,” Angst said.
You could, for example win priority for other housing offered by the management company, or get help in the search for new accommodation.
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There is, however a but: if the tenant and landlord can’t reach an agreement before the mediation authority, the case is then brought before the tenancy court.
While mediation is free of charge for tenants, court proceedings can be expensive in many cantons.
Tenants who can’t afford to take such action and don’t have legal insurance find themselves at a disadvantage in such cases.
Membership in the tenants’ association in their canton of residence can solve this problem, as it usually includes legal insurance.
READ ALSO: Why you need ‘legal protection insurance’ in Switzerland
