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RENTING

EXPLAINED: How the Swiss Tenants Association wants to tackle the housing shortage

Rental prices in Switzerland have been soaring for years with no end in sight. Now the nation's association for protecting tenants has called on politicians to take action with a series of demands.

Flats in Zurich, Switzerland.
Flats in Zurich, Switzerland. Photo by Vincent Dörig on Unsplash

The vacancy rate for dwellings in Switzerland is currently 1.31 percent — well above the long-term national average of 1.07 percent, according to a study published on Thursday by Raiffeisen bank

However, these figures don’t show that the problem is geographical: the housing market has dried up in some parts of the country but not the others.

Vacancies will remain well below the average, meaning that housing will soon become significantly more expensive for more and more households, the bank reported.

Various solutions have been proposed by real estate experts and government officials to overcome Switzerland’s housing shortage.

The latest one, which comes from the Swiss Tenants Association, recommends limiting the living space allowed for each person, as is already the case in cooperatives and public housing.

This means that a single tenant would be entitled to a maximum of two rooms, thus making larger accommodations available for families. Though for larger apartments, too, restrictions are set to be introduced. At least four people should occupy a five-room apartment, for example.

READ MORE: Reader question: Can I sublet my rented apartment in Switzerland

Tenants disagree…

Many Swiss tenants, however, criticise the association’s suggestion that living space be limited per person. Instead, they argue that one’s living space is – perhaps rightfully – a private matter as long as the tenant can afford to pay the monthly rental cost.

Moreover, though some tenants – such as many older people who have lived the majority of their lives in the same large, cheap apartment – may be willing to downsize to smaller living arrangements, but they will struggle to find suitable housing at the same price. This is a problem even the association recognises and it therefore demands that tenants are able to swap their current, larger property for a smaller alternative on the same contractual terms as their existing rental agreement.

City and canton officials from all over Switzerland, as well as representatives of various associations from the construction and housing sectors, were due to meet with the Economy Minister Guy Parmelin to discuss this, and other possible solutions, to the shortage.

Rents and returns need to be monitored

The Swiss Tenants Association argues that the issue with the skyrocketing rents in Switzerland is that landlords, a fair chunk of which includes large corporations, listed businesses and insurance companies, are generating far too high rents that tenants – who are in a dependent position and fear speaking out against rent increases – need to be protected from.

The association says that as a direct result of the ever-increasing rents and returns – which though limited in accordance with Swiss law are not monitored – around 370 francs per household illegally landed in the pockets of real estate companies every month during 2021, amounting to 10.4 billion francs in (stolen) rent overall.

It is now calling for rents and returns to be monitored automatically on an institutional level and says that sanctions should be a viable option going forward.

READ ALSO: How Switzerland’s urban housing shortage is spreading to the countryside

Master plan for more affordable housing

The association is also requiring Swiss municipalities to provide it with so-called special zones for new and affordable living spaces to be built in their respective regions.

However, for this to be possible, the land – it says – must be owned by the public sector, not privately. Additionally, there must be a right of first refusal as well as a restriction on the sale of land that already belongs to the public sector.

At the same time, the organisation finds that the government needs to improve protection against the – sometimes biased – dismissal of prospective tenants. Both property managers and landlords in Switzerland are setting increasingly stricter criteria when allocating (already scarcely available) apartments, with some refusing to rent to couples with children.

Fabian Gloor, lawyer at the Swiss Tenants Association for the Deutschschweiz (German-speaking Switzerland), said that one way to avoid this unfair dismissal for tenants would be to introduce a minimum occupancy regulation which would reduce the chance that childless singles and couples would receive an apartment that is better suited for families.

This has, however, been met with contrasting views from Switzerland’s political parties.

The association also wants landlords to cease increasing rents as a result of renovation work while arguing that no tenant should face losing their home due to rising ancillary costs.

A people line up in a queue

Trying to find a flat in Switzerland? You may find long lines for viewings. Image: Pixabay

Parliament to make rental conditions more difficult for tenants

In the coming months, the Swiss parliament is set to discuss four legislative amendments which, according to the Swiss Tenants Association, would severely impact the legal situation for renters in Switzerland. The parliament will consider granting landlords more favourable conditions when terminating a rental contract for personal use, while making rent increases easier for landlords to enact.

Additionally, it will ponder a further restriction of the right to sublet and for tenants to have a more difficult time contesting their initially agreed upon rent in the future. 

READ ALSO: Zurich hit by affordable housing shortage amid record-high immigration 

The National Council has since spoken out in favour of two amendments to the tenancy law in favour of property owners, which are expected to be passed by parliament in autumn 2023. Once greenlit, landlords will have to explicitly agree to sublet their property in writing and are to be given an extraordinary right of termination in future if the tenant does not comply with the requirements for subletting.

The landlord should then also be able to refuse subletting if the subletting is planned to last for more than two years.

The National Council also approved a bill on the issue surrounding landlords or their family members wanting to use their privately owned rented property for personal use. Specifically, it should no longer be possible for the owner of the property to terminate the rental agreement for an urgent personal need, but rather they will have to assert a significant and current personal need based on an objective assessment. The proponents of this change hope that it will speed up procedures in the event of disputes.

The tenants association is strictly against the move and has announced a referendum – for which it will begin collecting signatures in the autumn of 2023 – should the parliament speak in favour of tightening the Swiss tenancy law.

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RENTING

Zurich’s housing woes spark illegal rental practices

The demand for affordable apartments in Switzerland’s largest city is so strong that some tenants have resorted to ‘blackmailing’ candidates for the lease takeover.

Zurich's housing woes spark illegal rental practices

As Zurich’s population is climbing steadily, fuelled by a continuing influx of foreigners – a trend that is expected to continue, according to demographers – the housing shortage is worsening. 

So much so, in fact, that a number of unscrupulous tenants who want to break their lease and are looking for suitable candidates to take over their rental contract, feel emboldened to pose some unreasonable conditions.

As the Swiss media reported, one practice which has become more commonplace lately is requiring that those taking over the apartment buy the furniture of the departing tenant.

If they refuse, there are plenty of other prospective tenants eager to fulfil any conditions just to get the foot in – both literally and figuratively.

One example of such advertisement cited by the media states that all the furniture currently in the apartment “must be bought for 3,500 francs”.

Some even go so far as to demand 8,000 francs for used furniture, dishes, and appliances.

This practice is, however, illegal and prospective tenants should not be bullied into it.

“The law prohibits making a lease contract dependent on other commercial transactions,” the newspaper said, adding that in such cases, it is advisable to contact the landlord or property management company directly, rather than deal with greedy tenants.

This unethical tactic is far from unique in Switzerland.

In other cases, rental agencies, rather than tenants themselves, have taken advantage of housing shortages by engaging in similarly unlawful practices.

In Geneva, for example, which suffers from a housing crisis of its own, some agencies were caught charging potential tenants hundreds of francs just to view vacant apartments. 

And that’s not all: Swiss Tenants Association (ASLOCA) found that some property managers routinely charge unwitting tenants fees for services that are either already included in their rent, or ones that shouldn’t have extra costs attached to them.

Among them are “application fees”, with some management companies charging from 100 to 200 francs, ostensibly for preparation of your contract, even though agencies cannot require additional fees for this service.

How can you avoid falling victim to these, and other, such tactics?

Unless you are an expert in tenancy law (which most people aren’t), you could benefit from joining your local tenants’ group.

Not only will it be a good source of information relating to your rights and obligations, and answer any questions about your tenancy, but it will also advocate for you if you ever have a disagreement or conflict with your landlord (provided, of course, that you have a defendable case).

These groups are divided according to linguistic regions, which means you can easily find one in your area:
Swiss German
Swiss French
Swiss Italian

READ ALSO: The common scams foreigners in Switzerland need to be aware of

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