brunnolou/swiss-code-of-obligations huggingface dataset:
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
II. Exclusion of extension

Art. 272a

1 No extension is granted where notice of termination is given:

a.

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

b.

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

c.

 because the tenant is bankrupt (Art. 266_h_);

d.

 in respect of a lease expressly concluded for a limited period until refurbishment or demolition works begin or the requisite planning permission is obtained.

2 As a general rule, no extension is granted where the landlord offers the tenant equivalent residential or commercial premises.
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
III. Length of extension

Art. 272b

1 A lease may be extended by up to four years in the case of residential premises and by up to six years for commercial premises. Within these overall limits, one or two extensions may be granted.

2 Where the parties agree to an extension of the lease, they are not bound by a maximum duration and the tenant may waive a second extension.
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
IV. Continued validity of lease

Art. 272c

1 Either party may ask the court to modify the lease in line with changed circumstances when deciding on the lease extension.

2 Where the lease is not varied in the decision on the lease extension, it remains in force during the extension period, subject to other means of variation envisaged by law.
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
V. Notice given during extension

Art. 272d

Unless the decision on extension or the extension agreement stipulates otherwise, the tenant may terminate the lease:

a.

 by giving one month’s notice expiring at the end of a calendar month in cases where the extension does not exceed one year;

b.

 by giving three months’ notice expiring on an admissible termination date in cases where the extension exceeds one year.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
C. Time limits and procedure102

Art. 273

1 A party wishing to challenge termination must bring the matter before the conciliation authority within 30 days of receiving the notice of termination.

2 A tenant wishing to apply for a lease extension must submit his request to the conciliation authority:

a.

 within 30 days of receiving the notice of termination, where the lease is open-ended;

b.

 not later than 60 days before expiry of the lease, where it is of limited duration.

3 A tenant requesting a second extension must submit his request to the conciliation authority not later than 60 days before expiry of the first extension.

4 The procedure before the conciliation authority is governed by the CPO[103](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7045).[104](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7054) 

5 Where the competent authority rejects a request made by the tenant relating to challenging termination, it must examine ex officio whether the lease may be extended.[105](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7072) 

[103](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7045) [SR **272**](eli/cc/2010/262/en) 

[104](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7054) Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 ([AS **2010** 1739](eli/oc/2010/262/en);[BBl **2006** 7221](eli/fga/2006/914/en)).

[105](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7072) Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 ([AS **2010** 1739](eli/oc/2010/262/en);[BBl **2006** 7221](eli/fga/2006/914/en)).
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
D. Family residence

Art. 273a

1 Where the leased property serves as the family residence, the tenant’s spouse is likewise entitled to challenge the termination, request a lease extension and exercise the other rights accruing to the tenant in the event that notice of termination is served.

2 Agreements providing for an extension of the lease are valid only if concluded with both spouses.

3 The same provisions apply_mutatis mutandis_ to registered partners.[106](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7107) 

[106](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7107) 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 Three: Protection against Termination of Leases of Residential and Commercial Premises
E. Sub-letting

Art. 273b

1 The provisions of this Chapter apply to sub-leases provided the principal lease has not been terminated. A sub-lease may be extended only within the duration of the principal lease.

2 Where the main purpose of the sub-lease is to circumvent the provisions governing protection against termination, the sub-tenant is granted such protection without regard to the principal lease. If the principal lease is terminated, the landlord is subrogated to the rights of the tenant in his contract with the sub-tenant.
Division Two: Types of Contractual Relationship
Title Eight:97 The Lease
Section Three: Protection against Termination of Leases of Residential and Commercial Premises
F. Mandatory provisions

Art. 273c

1 The tenant may waive the rights conferred on him by the provisions of this Chapter only where this is expressly envisaged.

2 All agreements to the contrary are void.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
A. Definition and scope of application
I. Definition

Art. 275

The usufructuary lease is a contract whereby the lessor undertakes to grant the lessee the use of a productive object or right and the benefit of its fruits or proceeds in exchange for rent.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
A. Definition and scope of application
II. Scope of application
1. Residential and commercial premises

Art. 276

The provisions governing usufructuary leases of residential and commercial premises also apply to objects made available together with such premises for the use and enjoyment of the tenant.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
A. Definition and scope of application
II. Scope of application
2. Agricultural lease

Art. 276a

1 Usufructuary leases relating to agricultural enterprises or to agricultural land and buildings are governed by the Federal Act of 4 October 1985[109](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7237) on Agricultural Leases, insofar as it contains special provisions.

2 In other respects the Code of Obligations applies with the exception of the provisions governing leases of residential and commercial premises.[110](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e7251) 

[109](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7237) [SR **221.213.2**](eli/cc/1986/926%5F926%5F926/en) 

[110](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e7251) Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 ([AS **2010** 1739](eli/oc/2010/262/en);[BBl **2006** 7221](eli/fga/2006/914/en)).
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
B. Inventory

Art. 277

Where machinery, livestock or supplies are included in the lease, each party must furnish the other with a precise, signed inventory and take part in a joint valuation thereof.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
C. Obligations of the lessor
I. Hand-over of object

Art. 278

1 The lessor is required to make the object available on the agreed date in a condition fit for its designated use and operation.

2 If a report was drawn up on the return of the object at the end of the previous lease, on request the lessor must make this document available for inspection by the new lessee when the object is handed over to him.

3 Similarly, the new lessee has the right to be informed of the amount of rent paid under the previous lease.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
C. Obligations of the lessor
II. Major repairs

Art. 279

The lessor is obliged to carry out major repairs to the object that become necessary during the lease at his own expense and as soon as the lessee has informed him of the need for such repairs.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
C. Obligations of the lessor
III. Charges and taxes

Art. 280

The lessor bears all taxes and charges in connection with the object.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
I. Payment of rent and accessory charges
1. In general

Art. 281

1 The lessee must pay the rent and, where applicable, the accessory charges at the end of each year of the lease but not later than when the lease expires, save where another payment date is stipulated by agreement or local custom.

2 Article 257_a_ applies to accessory charges.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
I. Payment of rent and accessory charges
2. Lessee in arrears

Art. 282

1 Where, having accepted the property, the lessee is in arrears with payments of rent or accessory charges, the lessor may set a time limit of at least 60 days for payment and notify him that in the event of non-payment the lessor will terminate the lease on expiry of that time limit.

2 In the event of non-payment within the time limit the lessor may terminate the usufructuary lease with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days’ notice ending on the last day of a calendar month.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
II. Care, consideration and maintenance
1. Care and consideration

Art. 283

1 The lessee must use the leased object with due care in accordance with its intended use and in particular must ensure that its long-term productivity is sustained.

2 Where the usufructuary lease relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
II. Care, consideration and maintenance
2. Normal maintenance

Art. 284

1 The lessee must carry out the normal maintenance of the leased object.

2 In accordance with local custom, he must carry out minor repairs and replace inexpensive equipment and tools which have become useless as a result of age or wear and tear.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
II. Care, consideration and maintenance
3. Breach of duty by the lessee

Art. 285

1 If, despite written warning from the lessor, the lessee continues to act in breach of his duty of care, consideration or maintenance such that continuation of the usufructuary lease becomes unconscionable for the lessor or other persons sharing the building, the lessor may terminate the lease with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days’ notice ending on the last day of a calendar month.

2 However, leases of residential and commercial premises may be terminated with immediate effect if the tenant intentionally causes serious damage to the property.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
III. Duty of notification

Art. 286

1 If major repairs become necessary or a third party makes claims against the object of the usufructuary lease, the lessee must inform the lessor immediately.

2 Failure to notify renders the lessee liable for any damage incurred by the lessor as a result.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
D. Obligations of the lessee
IV. Duty of tolerance

Art. 287

1 The lessee must tolerate major repairs intended to remedy defects in the object or to repair or prevent damage.

2 The lessee must permit the lessor to inspect the object to the extent required for maintenance, sale or future leasing.

3 The lessor must inform the lessee of works and inspections in good time and take all due account of the latter’s interests when they are carried out; the provisions on leases in Title 8 (Art. 259_d_ and 259_e_) apply _mutatis mutandis_ to all claims of the lessee for reduction of the rent and for damages.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
E. Rights of the lessee on non-performance or defective performance

Art. 288

1 The provisions on leases in Title 8 (Art. 258 and 259_a_–259_i_) apply_mutatis mutandis_:

a.

 where the lessor fails to hand over the property on the agreed date or hands it over in a defective condition;

b.

 where defects arise in the object which are not attributable to the lessee and which he is not obliged to remedy at his own expense, or where he is prevented from using the object as contractually agreed.

2 Clauses to the contrary to the detriment of the lessee are void if they are set out:

a.

 in previously formulated general terms and conditions;

b.

 in usufructuary leases for residential or commercial premises.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
F. Renovations and modifications
I. By the lessor

Art. 289

1 The lessor may renovate or modify the object only where conscionable for the lessee and the usufructuary lease has not been terminated.

2 In carrying out such works, the lessor must give due consideration to the lessee’s interests; the provisions on leases in Title 8 (Art. 259_d_ and Art. 259_e_) apply _mutatis mutandis_ to any claims of the lessee for reduction of the rent and for damages.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
F. Renovations and modifications
II. By the lessee

Art. 289a

1 The lessee requires the lessor’s written consent in order to:

a.

 alter the manner in which the object has traditionally been managed in ways which will have lasting significance beyond the duration of the lease;

b.

 carry out renovations or modifications to the object above and beyond the remit of normal maintenance.

2 Once such consent has been given, the lessor may require the restoration of the object to its previous condition only if this has been agreed in writing.

3 Where the lessor has not given his written consent to an alteration within the meaning of paragraph 1 let. a. and the lessee has failed to reverse such alteration within an appropriate time, the lessor may terminate the contract with immediate effect or, for leases of residential and commercial premises, subject to at least 30 days’ notice expiring on the last day of a calendar month.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
G. Change of ownership

Art. 290

The provisions on leases in Title 8 (Art. 261–261_b_) apply _mutatis mutandis_:

a.

where the leased object is alienated;

b.

 where limited rights in rem are established on the leased object;

c.

 where the lease is entered under priority notice in the land register.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
H. Sub-letting

Art. 291

1 The lessee may sub-let all or part of the leased object with the lessor’s consent.

2 The lessor may refuse his consent to the sub-letting of premises which form part of a leased property only if:

a.

 the lessee 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 usufructuary lease;

c.

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

3 The lessee is liable to the lessor for ensuring that the sub-tenant or sub-lessee uses the object only in the manner permitted to the lessee himself. To this end the lessor may issue reminders directly to the sub-tenant or sub-lessee.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
J. Transfer of usufructuary lease to a third party

Art. 292

Article 263 applies _mutatis mutandis_ to the transfer of a usufructuary lease of commercial premises to a third party.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
K. Early return of the object

Art. 293

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

2 Otherwise, the 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 lessor must permit the following to be brought into account:

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 Eightbis:108 The Usufructuary Lease
L. Set-off

Art. 294

Article 265 applies _mutatis mutandis_ to the set-off of claims arising from a usufructuary lease.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
I. Expiry of agreed duration

Art. 295

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

2 If the usufructuary lease is tacitly continued, it is deemed to have been extended on the same terms and conditions for a further year unless otherwise agreed.

3 A party may terminate the extended usufructuary lease by giving the legally prescribed period of notice expiring at the end of a lease year.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
II. Notice of termination and termination dates

Art. 296

1 The parties may terminate an open-ended usufructuary lease by giving six months’ notice expiring on any date of their choosing unless otherwise stipulated by agreement or local custom and unless the nature of the leased object implies that the parties intended otherwise.

2 The parties may terminate an open-ended usufructuary lease of residential or commercial premises by giving at least six months’ notice expiring on a date fixed by local custom or, absent in the absence of such custom, at the end of a three-month lease period. The parties may agree a longer notice period or another termination date.

3 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 Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
III. Extraordinary notice
1. Good cause

Art. 297

1 Where performance of the contract becomes unconscionable for the parties for good cause, they may terminate the usufructuary 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 Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
III. Extraordinary notice
2. Bankruptcy of the lessee

Art. 297a

1 Where the lessee becomes bankrupt after taking possession of the property, the lease ends on commencement of bankruptcy proceedings.

2 However, where the lessor has received sufficient security for the current year’s rent and the inventory, he must continue the lease until the end of the lease year.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
III. Extraordinary notice
3. Death of the lessee

Art. 297b

In the event of the death of the lessee, his heirs and the lessor may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
M. End of usufructuary lease
IV. Required form of notice for residential and commercial premises

Art. 298

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

2 The lessor must give notice of termination using a form approved by the canton which informs the lessee how he must proceed if he wishes to contest the termination or apply for an extension of the lease.

3 Notice to terminate is void if it does not fulfil the above requirements.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
N. Return of the object
I. In general

Art. 299

1 At the end of the usufructuary lease, the lessee must return the object together with all items listed in the inventory in the condition they are in at that time.

2 He is entitled to compensation for improvements which result:

a.

 from endeavours exceeding the normal degree of diligence due in managing the object;

b.

 for renovations or modifications to which the lessor gave his written consent.

3 He must compensate the lessor for any deterioration that could have been prevented by diligent management of the object.

4 Any agreement whereby the 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 Eightbis:108 The Usufructuary Lease
N. Return of the object
II. Inspection of object and notification of lessee

Art. 299a

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

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

3 Where the lessor discovers such defects subsequently, he must inform the lessee immediately.
Division Two: Types of Contractual Relationship
Title Eightbis:108 The Usufructuary Lease
N. Return of the object
III. Replacement of inventory items

Art. 299b

1 Where items listed in the inventory were valued when the object was originally handed over to the lessee, he must return an inventory of items of the same type and estimated value or pay compensation for any reduction in value.

2 The lessee is not obliged to pay compensation for missing items if he can prove that they were lost through the fault of the lessor or force majeure.

3 The lessee is entitled to compensation for added value resulting from his outlays and his labour.