In Geneva, tenants’ rights in the event of work being carried out are particularly well protected, given the high pressure on the rental market and the risk of abuse. Tenants must be informed in advance of the nature, duration and impact of any work planned on their property. In the event of major works, the landlord must guarantee that the tenant will be able to continue to use the property in an appropriate manner or, failing that, offer a temporary alternative. Furthermore, any refusal on the part of the tenant to allow access to the work companies must be justified, otherwise it could be considered a breach of contract. Certain particularities of Geneva reinforce tenant protection against renovation projects undertaken by landlords, or, conversely, extend their rights in certain cases.
In Switzerland, the legal basis for work on rented accommodation is set out in the Code of Obligations, and is designed to protect the tenant’s enjoyment of the property, while enabling the lessor to maintain and improve it. The lessor has the right to carry out work necessary to maintain the property in good condition, but must inform the lessee within a reasonable period of time and avoid disrupting normal enjoyment of the property. Improvement work, such as modernizing installations, must also comply with these conditions. If the work renders the property temporarily uninhabitable, the lessor must offer alternative accommodation or compensation. The tenant can refuse work if it is unjustified, or if it excessively alters the conditions under which the dwelling is used.
Work on rented accommodation can be justified for a variety of reasons, depending on whether the work is maintenance, repair or improvement. Maintenance work includes, for example, replacing worn-out equipment or repairing defects affecting the safety or habitability of the dwelling. The lessor is obliged to carry out this work to ensure that the property remains fit for its intended use. Repair work, on the other hand, is required when defects appear during the lease, such as water infiltration or heating problems. Lastly, improvement work aims to modernize the property, such as installing double-glazed windows to improve energy efficiency. However, such work must be proportionate and not cause excessive nuisance to the tenant. In the event of a dispute over the nature of the work, the parties can turn to the conciliation authority.
Over the past few years, the way in which work is carried out on rented accommodation in Switzerland has evolved to meet new environmental standards and tenant expectations. Landlords are increasingly investing in ecological renovations, such as improving thermal insulation or installing energy-efficient heating systems. Although beneficial in the long term, such work can lead to rent increases that tenants have the right to contest if they are not justified by a real improvement in rental value. In addition, work to adapt homes for people with reduced mobility is on the increase, particularly in older buildings. This modernization is a response to demographic changes and the desire to offer more inclusive housing. Finally, notification deadlines and procedures have also been tightened up to ensure that tenants are fully informed before work begins.
In Geneva, notice of the work must be given a reasonable time before the start of the work, to allow the tenant to get organized. The law requires the landlord to inform the tenant in writing of the nature of the work, its duration, and any consequences on the tenant’s enjoyment of the dwelling. Generally speaking, at least 30 days’ notice is required for major works. This notification must be precise and contain all the necessary information, including the contact details of the companies who will be carrying out the work. In the event of failure to comply with these obligations, the tenant may contest the work before the conciliation authority. Work undertaken without prior notification may be suspended, and the lessor risks sanctions. In Geneva, these strict requirements are designed to protect tenants from undue nuisance, by guaranteeing total transparency on renovation projects.
In Switzerland, notification requirements vary according to the nature and scope of the work. For minor maintenance work, a simple oral notification may suffice, whereas for more substantial work, such as a complete renovation, a written notification is mandatory. This notification must include a description of the work, its estimated duration, and the measures taken to limit nuisance. The tenant must be informed sufficiently in advance to enable him/her to prepare. In certain situations, the law gives the tenant the right to object, particularly if the work significantly alters the use or layout of the premises. In the event of disagreement, the tenant can submit a request to the conciliation authority. These conditions ensure that tenants are fully informed of their rights, and that they can object to unjustified or disruptive work.
To ensure transparency and compliance with Swiss legislation, the work notification sent to the tenant must include a number of precise details. Firstly, the notice must specify the exact nature of the work: is it a repair, maintenance or improvement project? Secondly, it must specify the expected duration of the work and a detailed schedule of work to be carried out (days and times when workmen will be present). The names and contact details of the companies carrying out the work must also be provided, so that the tenant can ask questions or report any problems. If the work involves major inconvenience (noise, dust, etc.), compensatory measures (rent reductions, temporary accommodation) must be detailed in the notification. Finally, the landlord must indicate the safety measures put in place to protect the tenant and his property during the work. Failure to provide this information may give rise to a dispute on the part of the tenant.
The specific conditions for carrying out work on a property rented out in Switzerland depend on the nature of the work and its impact on the tenant. Firstly, the landlord must ensure that the work does not excessively disturb the tenant’s enjoyment of the property. This means that noisy work must be limited to reasonable hours, e.g. during the day, and never in the evening or at weekends. If the work renders certain parts of the property unusable (kitchen, bathroom, etc.), the landlord must offer appropriate compensation, such as a rent reduction or access to temporary facilities. In addition, the landlord must ensure that safety measures are respected to avoid any risk of accident. Finally, if the work lasts for more than 30 days, the tenant can request a review of the lease conditions, including a rent reduction for the duration of the nuisance.
In Geneva, tenants have specific rights that protect them while work is being carried out on their home. Firstly, they have the right to clear information on the nature of the work and its duration. If the work seriously affects enjoyment of the property, as in the case of excessive noise or the impossibility of using certain parts of the dwelling, the tenant can request a rent reduction proportional to the inconvenience suffered. In addition, the tenant has the right to contest the work if it is not necessary, or if it is intended to significantly modify the dwelling without the tenant’s consent. In the event of a safety hazard, such as poorly protected wiring or a risk of collapse, the tenant can demand that the landlord take immediate steps to secure the premises. The Geneva authorities pay particular attention to such situations, to ensure that work is carried out under conditions acceptable to the tenant.
When the work carried out by the landlord disrupts the normal use of the dwelling, the tenant has the right to request financial compensation. This compensation can take several forms, the most common being a temporary reduction in rent proportional to the inconvenience suffered. For example, if the work prevents access to certain rooms (such as the bathroom or kitchen), the tenant can obtain a rent reduction that varies according to the extent of the nuisance. If the work temporarily renders the dwelling uninhabitable, the tenant can even demand relocation at the landlord’s expense. What’s more, if the work extends beyond the planned period, or causes damage to the tenant’s furniture or other property, the tenant can claim damages to compensate for the inconvenience. These rights are designed to ensure that the tenant does not bear the consequences of work initiated by the lessor alone.
The lessee has a right to safety during the work, which means that the lessor must take all necessary measures to ensure that the work does not create any danger for the lessee or his property. This includes securing worksite areas, using non-toxic materials, and installing safety guards to prevent falls or accidents. The lessor must ensure that workers comply with safety standards and do not leave tools or hazardous substances in accessible areas. If the lessee considers that his or her safety is threatened, he or she has the right to request a temporary suspension of work until the lessor takes the necessary corrective measures. In extreme cases, the tenant can even leave the property and demand that the landlord provide temporary accommodation. This right is essential to prevent any risk of accident or damage while the work is in progress.
The tenant is obliged to cooperate with the work companies to enable the landlord to carry out the necessary work. This cooperation includes allowing access to the dwelling on the agreed dates and times, not hindering the progress of the work, and immediately reporting any problems or defects observed. However, the tenant has the right to refuse access if the times are not respected, or if the work is carried out without his prior consent. He must also take the necessary steps to protect his personal property, such as moving furniture or covering fragile objects. If the tenant fails to meet these obligations, he may be held responsible for any delays or additional costs incurred. In the event of disputes with construction companies, it is advisable to document exchanges and report any shortcomings to the landlord, who remains the main contact and guarantor of the smooth running of the work.
In Geneva, tenants wishing to dispute work carried out on their property must follow a specific procedure. The first step is to send a letter of protest to the landlord, stating the reasons for the disagreement and the applicable legal provisions. If the landlord fails to respond, or if the dispute persists, the tenant must first refer the matter to the rental conciliation authority. This authority’s task is to find an amicable agreement between the parties, by examining the evidence provided by each. If conciliation fails, the tenant can take the matter to the Leasehold Court, which will rule on the legality of the work. During the procedure, the tenant is advised to document the nuisance (photos, videos, testimonials) to support his claim.
If the landlord fails to comply with the notification rules, the tenant has a number of remedies. Firstly, he can request immediate suspension of work until proper notification has been given. If the work has already begun, the tenant can demand that the lessor correct the notification and respect the required deadlines before continuing with the work. The tenant may also apply to the conciliation authority for financial compensation if the landlord’s miscommunication has led to inconvenience or additional costs (e.g. unforeseen moves). If conciliation fails, the tenant can take legal action for damages. This recourse is particularly useful if the landlord persists in failing to comply with the rules despite warnings.
While work is being carried out on the dwelling, the tenant can request a reduction in rent if he feels that the enjoyment of his property is affected. However, the landlord can contest this request if the work is necessary and does not cause a significant nuisance. To contest a rent reduction, the lessor must prove that the nuisance is minimal or temporary and does not justify a reduction. The landlord can also propose alternative compensations, such as improvements to certain facilities, to justify maintaining the rent. If the tenant refuses, the landlord can refer the dispute to the conciliation authority, which will attempt to reach an agreement between the parties. Should the conciliation authority fail, the parties can take the dispute to the Leasehold Court, which will decide on the legal issues in dispute.
In the event of a dispute with the landlord concerning work, tenants have a number of rights to protect themselves. They can refuse unjustified work, request financial compensation, or demand modifications to the project. Tenants also have the right to request a temporary suspension of the work if they can prove that it is causing damage or endangering the safety of the dwelling. If the dispute persists, the tenant can refer the matter to the conciliation authority, or try to reach an agreement through mediation. If the parties fail to reach agreement, legal action may be taken. Swiss courts take into account the balance between the lessor’s need to maintain the property and the tenant’s right to peaceful enjoyment of his home.