In Lausanne, as in the rest of Switzerland, tenants’ rights in the event of work being carried out on their property are reinforced by specific regulations. First and foremost, tenants must be informed in detail of the nature of the work planned, its duration and any disruption it may cause. If the work causes significant inconvenience (noise, dust, inability to use certain parts of the property), the tenant can request a proportional rent reduction. In addition, the tenant has the right to contest the work if it significantly alters the use of the property, or if it is carried out without the tenant’s consent. In Lausanne, local authorities take particular care to ensure that tenants are not forced to leave their homes without good reason, or in the event of purely cosmetic work having no direct impact on the quality of the property.
The Swiss legal framework for work on rented accommodation is based on the fundamental principles of tenancy law. The lessor is obliged to maintain the property in good condition, and to carry out any work necessary to preserve its quality and safety. However, he may not carry out work that excessively modifies the property or interferes with the tenant’s normal enjoyment of it without his consent. For example, major renovations such as refurbishing the facade or replacing the heating system must be planned and notified within a reasonable timeframe, to allow the tenant time to get organized. In the event of non-compliance with these rules, the tenant can request suspension of the work or financial compensation. This legal framework aims to balance the landlord’s right to maintain his property with the tenant’s right to peaceful use of the dwelling.
Work on a rented dwelling can be justified in a variety of situations, ranging from routine maintenance to improvement work. Maintenance work involves repairing or replacing defective elements, such as broken windows, leaking pipes or broken heating systems. Repair work, on the other hand, is necessary when defects affect the safety or habitability of the property. Finally, improvement work, such as installing new kitchen equipment or modernizing the bathroom, is intended to increase the value of the property or meet higher standards of comfort. However, such work must not cause disproportionate nuisance to the tenant.
Tenants’ rights in Switzerland have evolved over the years to adapt to the new realities of the rental market and tenants’ expectations. Recent legislative changes have strengthened protections with regard to work carried out by the landlord, imposing obligations of transparency and compensation in the event of significant disruption to the enjoyment of the property. In addition, Swiss courts have ruled in a number of cases on the legitimacy of works, particularly in the case of improvement works that result in rent increases. Tenants can now contest such increases if they feel that the work does not justify an increase in rental value. This change is designed to protect tenants against purely cosmetic or speculative work that could penalize them. The current trend is to favor amicable solutions between tenants and landlords, while strengthening the role of the conciliation authority.
In Lausanne, the rules for notifying work are strict to ensure that tenants are informed in good time. The landlord must send written notification to the tenant, specifying the nature of the work, its duration and any nuisance it may cause. This notification must be made within the legal deadlines. If the work significantly modifies the use of the property, or seriously affects the tenant’s enjoyment of it, the tenant may request a postponement or suspension of the work. In the event of non-compliance with the notification rules, the tenant may contest the completion of the work and claim compensation for the loss suffered. If conciliation fails, the leasehold court in Lausanne may be called upon to assess the validity of the notification and the measures taken by the lessor to limit nuisance.
The legal deadlines for notifying work in Switzerland vary according to the extent and duration of the work. For minor maintenance work, 15 days’ notice may be sufficient, depending on the legislation, but for major renovations, a longer notice period may be required. The landlord must ensure that the notice is sufficiently detailed to allow the tenant to prepare and ask questions if necessary. In the case of urgent work, such as repairs for safety reasons (gas leak, short-circuit), the lessor may reduce the notification period, but must still inform the tenant as soon as possible. Respecting these deadlines is essential to avoid disputes and guarantee the transparency of interventions. Swiss courts take these deadlines into account when assessing disputes relating to work on rented accommodation.
When notifying work, the landlord must provide detailed information on the exact nature of the work (maintenance, repair or improvement), its expected duration, and the areas of the property that will be affected. For example, if the work concerns only the bathroom, the tenant needs to know whether he or she will be able to access the other rooms without difficulty. The landlord must also indicate whether access to the dwelling will be temporarily restricted, or whether certain installations (heating, electricity) will be temporarily out of order. The total duration of the work must be specified, so that the tenant can organize and plan accordingly. If the initial schedule is modified, the tenant must be informed of any changes, especially if they prolong the nuisance. These details are essential to ensure good communication between the parties and avoid disputes later on.
Swiss legislation strictly regulates safety rules and authorized working hours to minimize the impact on tenants. Firstly, noisy work must be limited to reasonable hours, generally between 8am and 6pm on weekdays, and is prohibited in the evening, at weekends and on public holidays. If work requires the use of hazardous materials or presents health risks (dust, toxic fumes), the lessor must take appropriate safety measures, such as installing protective barriers or providing safety equipment. The tenant must be informed of these measures, and has the right to refuse access to the property if his or her safety is not guaranteed. If the work entails the risk of falls or other accidents, the landlord is obliged to indicate these dangers in a visible manner.
Tenants in Lausanne have specific rights when it comes to work on their home. They have the right to receive full advance information on the nature of the work, its duration, and the measures taken to limit nuisance. In the case of major works, such as a total renovation of the apartment, the tenant can request a rent reduction proportional to the inconvenience suffered. What’s more, if the work renders the apartment temporarily unusable (e.g., lack of running water or heating), the landlord must offer alternative solutions, such as temporary accommodation at the landlord’s expense. The tenant can also refuse access to the property if safety conditions are not respected, or if the opening hours do not correspond to those mentioned in the notification. These rights strengthen the tenant’s position with regard to work undertaken by the landlord, guaranteeing a degree of protection against abuse.
In Switzerland, tenants are entitled to a rent reduction if the work undertaken by the landlord disrupts their enjoyment of the property beyond what is reasonable. This includes nuisances such as constant noise, the impossibility of using certain parts of the property, or the temporary absence of essential installations (water, electricity). The rent reduction is proportional to the extent of the nuisance and the duration of the work. For example, if the bathroom is unusable for a week, the tenant may request a certain reduction in rent for that period. If the work extends beyond the period initially planned, the tenant can ask for the reduction to be revised to reflect the new conditions. The landlord must also offer additional compensation if the tenant suffers unforeseen inconveniences, such as damage to furniture or unforeseen costs.
The tenant has the right to maintain decent living conditions for the duration of the work. This means that the lessor must ensure that the dwelling remains habitable, even if certain parts are temporarily unusable. For example, if work affects the kitchen, the tenant must have access to a temporary kitchen space or alternative equipment. Similarly, electricity, heating and running water must be maintained, except in the event of temporary and planned cuts, which must be communicated in advance. If these minimum conditions are not met, the tenant may request a suspension of work until corrective measures are taken. In extreme cases, the tenant can demand early termination of the lease if he can prove that living conditions are no longer acceptable. This right guarantees that the tenant’s comfort and safety are preserved despite the work being carried out.
If the work undertaken by the lessor causes damage to the lessee’s furniture or personal property, the lessee is entitled to full reimbursement of the costs incurred. The lessor is liable for any damage caused by the workmen, the materials used, or a lack of care in managing the site. For example, if paint splatters on furniture or tools damage the floor, the tenant may claim compensation. The tenant must report such damage as soon as it is noticed, and keep evidence (photos, videos) to support his claim. If the landlord refuses to compensate, the tenant can take the matter to the conciliation authority, and then to court, to obtain compensation. This right also applies to indirect costs, such as the temporary replacement of damaged equipment.
In Lausanne, tenants who wish to dispute work must first try to resolve the problem amicably with the landlord. If this fails, the first formal step is to lodge a letter of protest describing the reasons for the disagreement (e.g. incomplete notification, excessive nuisance, etc.). Next, the tenant can refer the matter to the conciliation authority, which will attempt to find an acceptable compromise. If no solution is found, the tenant can take the matter to the tenancy tribunal. The tenant must document all nuisances suffered and keep a copy of all written communications with the landlord. Depending on the court’s decision, the work may be suspended or modified, or the tenant may be awarded financial compensation. The key to a successful dispute is to respect the legal deadlines and present a well-documented case.
In Switzerland, the legal procedure for disputing work carried out in a rented dwelling follows precise stages to ensure a fair settlement of disputes. The first step is to initiate a conciliation procedure with the tenancy conciliation authority. The latter acts as a conciliator, seeking to find a compromise between the tenant and the landlord. The tenant must submit a request for conciliation detailing the grounds for the dispute, accompanied by all the necessary evidence (photos, e-mail exchanges, nuisance certificates, etc.). If conciliation fails, or if the landlord does not cooperate, the tenant can then take the matter to the Leasehold Court, which will analyze the legitimacy of the work and the conditions under which it is being carried out. The court may order a suspension of the work, a modification of the work, or financial compensation to the tenant if the disruption is deemed excessive.
Writing a letter of protest is the first formal step in expressing disagreement with the work being carried out on the property. This letter must be precise, structured and include all relevant information. It is advisable to start with a reminder of the facts, indicating the nature of the work, the dates of notification, and the impact on enjoyment of the property (noise, inability to use certain rooms, etc.). Next, the letter should mention the tenant’s rights and any failings on the part of the landlord to notify the tenant or carry out the work in accordance with the rules. The letter concludes with a clear request, such as suspension of the work, financial compensation or corrective action. This document serves as the basis for any dispute and must be sent by registered mail with acknowledgement of receipt. The tenant should keep a copy for future reference.
If no amicable solution can be found, or if the conciliation procedure has failed to bring the parties to an agreement, recourse to the tribunal des baux et loyers is the final step. There are a number of situations in which tenants can take their case to court: if the work seriously affects their enjoyment of the dwelling, if they are subject to unjustified rent increases following renovations, or if the landlord fails to comply with safety conditions. The tenant must present a complete file, including proof of the nuisance and letters exchanged with the landlord. The court will then analyze whether the work complies with the legal framework and whether the tenant’s rights have been violated. The court may decide to suspend the work, order a rent reduction, or award damages to the tenant. Going to court is often long and costly, but it guarantees a binding decision for the landlord, thus ensuring that the tenant’s rights are protected.
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