In a country which has almost 60% tenants, toughening tenancy laws is no easy task. But is it possible? This is what two objects submitted to the Swiss on November 24 will have to show.
The first of the two objects attacked by the referendum of the Asloca Tenants Association concerns sublets, which are now relatively easy to negotiate. If the reform passes, to establish such a contract, a tenant will have to obtain written consent from their landlord, who may refuse a duration of more than two years, in the event of insufficient information, or if the conditions are abusive or pose a burden. major drawback. These reasons will be more vague than today and will depend, where applicable, on the case law subsequently established by the courts.
Today, when an owner wishes to recover his property to use it himself, this regularly results in a standoff that can last for years. The proposed revision of the law gets rid of the notion of “urgent” need necessary to justify such termination, in favor of an “important and present own need”. Here too, it is case law which will define what this means in concrete terms.
For the PLR, which defends the yes side alongside the rest of the right and the Federal Council, the project is fair and will even benefit tenants. “Only a more abundant supply will have a moderating effect on prices. However, streamlining procedures will make it possible to accelerate the production of housing. These two modifications provide greater legal certainty, benefiting both tenants and landlords,” writes its Vaud section. Who adds that it is fair that “those who acquire a home with their savings should be able to occupy it within a reasonable time”.
Opposite, Asloca, supported by the left, is strangled in the face of ideas that it describes as “useless and perfidious”, as part of a broader attack, without this responding to any real need. according to her. “It is a strategy which unbalances lease law to the detriment of tenants. It aims to facilitate vacations and evictions of tenants and to facilitate rent increases when concluding the new lease contract,” criticized its president, Carlo Sommaruga (PS/GE).
For the moment, the people are very divided. The first wave of the 20minutes/Tamedia survey on the subject shows that the subject on subletting garners slightly more favorable opinions (47%) than rejections (42%), while that on termination for own needs would be rejected by 50% of the Swiss and accepted by only 43%.
And on the other items of vote?
