brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
K. Sub-letting

Art. 262

1 A tenant may sub-let all or part of the property with the landlord’s consent.

2 The landlord may refuse his consent only if:

a.

 the tenant refuses to inform him of the terms of the sub-lease;

b.

 the terms and conditions of the sub-lease are unfair in comparison with those of the principal lease;

c.

 the sub-letting gives rise to major disadvantages for the landlord.

3 The tenant is liable to the landlord for ensuring that the sub-tenant uses the property only in the manner permitted to the tenant himself. To this end the landlord may issue reminders directly to the sub-tenant.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
L. Transfer of lease to a third party

Art. 263

1 The tenant of commercial premises may transfer his lease to a third party with the landlord’s written consent.

2 The landlord may withhold consent only for good cause.

3 Once the landlord gives his consent, the third party is subrogated to the rights and obligations of the tenant under the lease.

4 The tenant is released from his obligations towards the landlord. However, he remains jointly and severally liable with the third party until such time as the lease ends or may be terminated under the contract or by law, but in any event for no more than two years.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
M. Early return of the object

Art. 264

1 Where the tenant or lessee returns the object without observing the notice period or the deadline for termination, he is released from his obligations towards the landlord or lessor only if he proposes a new tenant or lessee who is acceptable to the landlord or lessor, solvent and willing to take on the lease or rental agreement under the same terms and conditions.

2 Otherwise, the tenant or lessee must continue to pay the rent until such time as the lease ends or may be terminated under the contract or by law.

3 Against the rent owing to him, the landlord or lessor must permit account to be taken of:

a.

any expenses he has saved, and

b.

 any earnings which he has obtained, or intentionally failed to obtain, from putting the object to some other use.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
N. Set-off

Art. 265

The landlord or lessor and the tenant or lessee may not waive in advance their right to set off claims arising from the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
I. Expiry of agreed duration

Art. 266

1 Where the parties have expressly or tacitly agreed to a limited duration, the lease comes to an end on expiry thereof without any need for notice to be given.

2 If the lease is tacitly continued, its duration becomes indefinite.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
1. In general

Art. 266a

1 The parties may give notice to terminate a lease of indefinite duration by observing the legally prescribed notice periods and termination dates, except where they have agreed a longer notice period or a different termination date.

2 Where the prescribed notice period or termination date is not observed, termination will be effective as of the next termination date.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
2. Immovable and movable structures

Art. 266b

A party may terminate a lease of immovable property or a movable structure by giving three months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a six-month period of the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
3. Residential premises

Art. 266c

A party may terminate a lease of residential premises by giving three months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
4. Commercial premises

Art. 266d

A party may terminate the lease of a commercial property by giving six months’ notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
5. Furnished rooms and parking spaces

Art. 266e

A party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks’ notice expiring at the end of a one-month period of the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
II. Notice of termination and termination dates
6. Chattels

Art. 266f

A party may terminate a lease of chattels by giving three days’ notice expiring at any time.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
III. Extraordinary notice
1. Good cause

Art. 266g

1 Where performance of the contract becomes unconscionable for the parties for good cause, they may terminate the lease by giving the legally prescribed notice expiring at any time.

2 The court determines the financial consequences of early termination, taking due account of all the circumstances.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
III. Extraordinary notice
2. Bankruptcy of the tenant or lessee

Art. 266h

1 Where the tenant or lessee becomes bankrupt after taking possession of the property, the landlord or lessor may call for security for future rent payments. He must grant the tenant or lessee and the bankruptcy administrators an appropriate time limit in which to furnish it.

2 Where no such security is furnished to the landlord or lessor, he may terminate the contract with immediate effect.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
III. Extraordinary notice
3. Death of the tenant or lessee

Art. 266i

In the event of the death of the tenant or lessee, his heirs may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
III. Extraordinary notice
4. Chattels

Art. 266k

A lessee of a chattel hired for his own private use and leased to him on a commercial basis by the lessor may terminate the lease by giving at least 30 days’ notice expiring at the end of a three-month period of the lease. The lessor has no claim for compensation.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
IV. Required form of notice for residential and commercial premises
1. In general

Art. 266l

1 Notice to terminate leases of residential and commercial premises must be given in writing.

2 The landlord must give notice of termination using a form approved by the canton which informs the tenant how he must proceed if he wishes to contest the termination or apply for an extension of the lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
IV. Required form of notice for residential and commercial premises
2. Family residence
a. Notice given by the tenant

Art. 266m

1 Where the leased property serves as the family residence, one spouse may not terminate the lease without the express consent of the other.

2 If the spouse cannot obtain such consent or it is withheld without good cause, he or she may apply to the court.

3 The same provisions apply_mutatis mutandis_ to registered partners.[100](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e6452) 

[100](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e6452) Inserted by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
IV. Required form of notice for residential and commercial premises
2. Family residence
b. Notice given by the landlord

Art. 266n101

Notice of termination given by the landlord and any notification of a time limit for payment accompanied by a warning of termination in the event of non-payment (Art. 257_d_) must be served separately on the tenant and on his spouse or registered partner.

[101](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e6473) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
O. End of lease
IV. Required form of notice for residential and commercial premises
3. Void notice

Art. 266o

Notice of termination is void if it does not conform to Articles 266_l_–266_n_.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
P. Return of the object
I. In general

Art. 267

1 At the end of the lease, the tenant or lessee must return the object in a condition that accords with its contractually designated use.

2 Any clause whereby the tenant or lessee undertakes to pay compensation on termination of the lease is void except insofar as such compensation relates to possible damage.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
P. Return of the object
II. Inspection of object and notification of tenant or lessee

Art. 267a

1 When the object is returned, the landlord or lessor must inspect its condition and immediately inform the tenant or lessee of any defects for which he is answerable.

2 If the landlord or lessor fails to do so, he forfeits his claims save in respect of defects not detectable on customary inspection.

3 Where the landlord or lessor discovers such defects subsequently, he must inform the tenant or lessee immediately.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
Q. Landlord’s special lien
I. Scope

Art. 268

1 As security for rent for the past year and the current six-month period, a landlord of commercial premises has a special lien on chattels located on the leased premises and either used as fixtures or required for the use of the premises.

2 The landlord’s special lien also extends to property brought onto the premises by a sub-tenant to the extent that he has not paid his rent.

3 Goods not subject to attachment by creditors of the tenant are not subject to the lien.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
Q. Landlord’s special lien
II. Objects belonging to third parties

Art. 268a

1 The rights of third parties to objects which the landlord knew or should have known do not belong to the tenant and to stolen, lost, missing or otherwise mislaid objects take precedence over the landlord’s special lien.

2 Where the landlord learns only during the lease that objects brought onto the premises by the tenant are not the latter’s property, his lien on them is extinguished unless he terminates the lease as of the next admissible termination date.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section One: General Provisions
Q. Landlord’s special lien
III. Exercise of lien

Art. 268b

1 Where the tenant wishes to vacate the premises or intends to remove the objects located thereon, the landlord may, with the assistance of the competent authority, retain such objects as are required to secure his claim.

2 Items removed secretly or by force may, with police assistance, be brought back onto the premises within ten days of their removal.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
A. Unfair rent
I. General rule

Art. 269

Rents are unfair where they permit the landlord to derive excessive income from the leased property or where they are based on a clearly excessive sale price.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
A. Unfair rent
II. Exceptions

Art. 269a

In particular, rents are not generally held to be unfair if:

a.

 they fall within the range of rents customary in the locality or district;

b.

 they are justified by increases in costs or by additional services provided by the landlord;

c.

 in the case of a recently constructed property, they do not exceed the range of gross pre-tax yield required to cover costs;

d.

 they serve merely to balance out a rent decrease previously granted as part of a reallocation of funding costs at prevailing market rates and they are set out in a payment plan made known to the tenant in advance;

e.

 they serve merely to balance out the inflation on the risk capital;

f.

 they do not exceed the levels recommended in master agreements drawn up by landlords’ and tenants’ associations or organisations representing similar interests.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
B. Index-linked rent

Art. 269b

An agreement to link rent to an index is valid only where the lease is contracted for at least five years and the benchmark is the Swiss consumer prices index.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
C. Periodical rent increases

Art. 269c

An agreement to increase the rent periodically by fixed amounts is valid only where:

a.

 the lease is contracted for at least three years;

b.

 the rent is increased no more than once a year; and

c.

 the amount by which it is increased is fixed in francs.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
D. Rent increases and other unilateral amendments by the landlord

Art. 269d

1 The landlord may at any time increase the rent with effect from the next termination date. He must give notice of and reasons for the rent increase at least ten days before the beginning of the notice period for termination using a form approved by the canton.

2 The rent increase is void where:

a.

 it is not communicated using the prescribed form;

b.

no reasons are given;

c.

 notification of the increase is accompanied by notice to terminate or a threat of termination.

3 Paragraphs 1 and 2 also apply where the landlord intends to make other unilateral amendments to the lease to the detriment of the tenant, for example by reducing the services provided or adding new accessory charges.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
E. Challenge to rent
I. Request for rent reduction
1. Initial rent

Art. 270

1 Within 30 days of taking possession of the property, the tenant may challenge the initial rent as unfair within the meaning of Articles 269 and 269_a_ before the conciliation authority and request said authority to order a reduction of the rent:

a.

 if the tenant felt compelled to conclude the lease agreement on account of personal or family hardship or by reason of the conditions prevailing on the local market for residential and commercial premises; or

b.

 if the initial rent required by the landlord is significantly higher than the previous rent for the same property.

2 In the event of a housing shortage, the cantons may make it obligatory in all or part of their territory to use the form stipulated in Article 269_d_ when contracting any new lease.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
E. Challenge to rent
I. Request for rent reduction
2. During the lease

Art. 270a

1 The tenant may challenge the rent as unfair and request its reduction as of the next termination date where he has good cause to suppose that, because of significant changes to the calculation basis and most notably a reduction in costs, the return derived by the landlord from the leased property is now excessive within the meaning of Articles 269 and 269_a_.

2 The tenant must present his request for a rent reduction in writing to the landlord, who has 30 days in which to respond. Where the landlord does not accede to the request in full or in part or does not respond in good time, the tenant may apply to the conciliation authority within 30 days.

3 Paragraph 2 does not apply if the tenant is simultaneously challenging a rent increase and requesting a rent reduction.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
E. Challenge to rent
II. Challenging rent increases and other unilateral amendments by the landlord

Art. 270b

1 Within 30 days of receiving notice of a rent increase, the tenant may challenge it before the conciliation authority as unfair within the meaning of Articles 269 and 269_a_.

2 Paragraph 1 also applies where the landlord makes other unilateral amendments to the lease to the detriment of the tenant, in particular by reducing the services provided or adding new accessory charges.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
E. Challenge to rent
III. Challenging index-linked rent

Art. 270c

Without prejudice to the right to challenge the initial rent, a party may argue before the conciliation authority only that the rent increase or reduction requested by the other party is not justified by a corresponding change in the index.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
E. Challenge to rent
IV. Challenging periodical rent increases

Art. 270d

Without prejudice to the right to challenge the initial rent, the tenant may not challenge periodical rent increases.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Two: Protection against Unfair Rents or other Unfair Claims by the Landlord in Respect of Leases of Residential and Commercial Premises
F. Continued validity of lease during challenge proceedings

Art. 270e

The existing lease remains in force without change:

a.

 during conciliation proceedings, where the parties fail to reach agreement;

b.

 during court proceedings, subject to provisional measures ordered by the court.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
A. Notice open to challenge
I. In general

Art. 271

1 Notice of termination may be challenged where it contravenes the principle of good faith.

2 On request, reasons for giving notice must be stated.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
A. Notice open to challenge
II. Notice served by the landlord

Art. 271a

1 Notice of termination served by the landlord may be challenged in particular where it is given:

a.

 because the tenant is asserting claims arising under the lease in good faith;

b.

 because the landlord wishes to impose a unilateral amendment of the lease to the tenant’s detriment or to change the rent;

c.

 for the sole purpose of inducing the tenant to purchase the leased premises;

d.

 during conciliation or court proceedings in connection with the lease, unless the tenant initiated such proceedings in bad faith;

e.

 within three years of the conclusion of conciliation or court proceedings in connection with the lease in which the landlord:

1.

was largely unsuccessful,

2.

 withdrew or considerably reduced his claim or action,

3.

 declined to bring the matter before the court,

4.

 reached a settlement or some other compromise with the tenant;

f.

 because of changes in the tenant’s family circumstances which do not give rise to any significant disadvantage to the landlord.

2 Paragraph 1 let. e. is also applicable where the tenant can produce documents showing that he reached a settlement with the landlord concerning a claim in connection with the lease outside conciliation or court proceedings.

3 Paragraph 1 let. d. and e. are not applicable where notice of termination is given:

a.

 because the landlord urgently needs the property for his own use or that of family members or in-laws;

b.

 because the tenant is in default on his payments (Art. 257_d_);

c.

 because the tenant is in serious breach of his duty of care and consideration (Art. 257_f_ para. 3 and 4);

d.

 as a result of alienation of the leased premises (Art. 261);

e.

for good cause (Art. 266_g_);

f.

 because the tenant is bankrupt (Art. 266_h_).
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
B. Extension of the lease
I. Tenant’s entitlement

Art. 272

1 The tenant may request the extension of a fixed-term or open-ended lease where termination of the lease would cause a degree of hardship for him or his family that cannot be justified by the interests of the landlord.

2 When weighing the respective interests, the competent authority has particular regard to:

a.

 the circumstances in which the lease was contracted and the terms of the lease;

b.

the duration of the lease;

c.

 the personal, family and financial circumstances of the parties, as well as their conduct;

d.

 any need that the landlord might have to use the premises for himself, his family members or his in-laws and the urgency of such need;

e.

 the conditions prevailing on the local market for residential and commercial premises.

3 Where the tenant requests a second extension, the competent authority must also consider whether the tenant has done everything that might reasonably be expected of him to mitigate the hardship caused by the notice of termination.