Tenant eviction prevented!

Kanzlei König successfully contested in a civil proceedings that the notice issued on the basis of late payment pursuant to Article 257d of the Swiss Code of Obligations (OR; SR 220) was inadmissible. In its order of 23 May 2023, a court of first instance ruled that the eviction request of the landlord was not valid.

Article 257d (1)(1) of the Swiss Code of Obligations states that a landlord can set a payment deadline for a tenant if the latter is in arrears with the payment of rent and notify him that in the event of non-payment the landlord will terminate the lease on expiry of that payment deadline. If the tenant fails to pay the rent due within this period, the landlord can consequently terminate the rental contract (cf. Article 257d(2)of the Swiss Code of Obligations).

In the eviction proceedings, Kanzlei König used itemised bills and email correspondence between the landlord and the tenant to successfully contest that, even though the tenant failed to pay the rent due within the period set in Article 257d(1)(1) of the Swiss Code of Obligations, the parties had agreed on a further optional period once this period had lapsed. The landlord thus served notice during a “second” granted period. The appeal for termination on the grounds of late payment pursuant to Article 257d of the Swiss Code of Obligations was thus not upheld.

Kanzlei König can provide you with advice and representation in issues related to contract law.