Unpaid rent: until when can you claim it?

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Question from Daniel F. in Geneva: “I have been renting an apartment to a married couple for several years. While sorting out my papers, I realized that certain rents had not been paid in 2021. Can I still obtain payment of these rents?

Rent must be paid regularly throughout the term of the lease. Unless otherwise agreed, the rent is payable monthly and in advance, that is to say it must be paid before the start of the following month.

The limitation period for overdue rent is five years, in accordance with art. 128 ch.1 of the Code of Obligations.

In the event of non-payment of rent by the tenant, the law provides for the option for the lessor to terminate the lease contract early. This includes two very distinct stages. First of all, you must send a formal notice to the tenant. Then, if the conditions are met, the lease contract can be terminated.

Lease law is very strict in the procedure to be adopted when it comes to family housing. Both spouses must receive the formal notice in two separate envelopes addressed to their name as well as, upon termination of the lease, two separate official termination forms.

Our reader can therefore send, by separate registered mail to each of the spouses, a warning notice providing a payment deadline of at least thirty days. In this notice, the overdue amount must be determined clearly and precisely. It must also be indicated that if payment is not made within the deadline, the lease contract will be terminated early.

If the full amount due is not received within thirty days of receipt of the formal notice by the tenant (or, if the envelope has not been collected, by adding the postal holding period of seven days), the owner is entitled to terminate the lease contract early by giving thirty days’ notice at the end of a month. The termination must be notified quickly by means of an official form of termination of the lease addressed to each of the spouses, in separate letters with separate notices of termination.

To the extent that our tenant is still within the five-year limitation period, he can send a formal notice to his tenants and terminate their lease contract if they do not pay the requested rent.

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