Lexipedia

Abuse in tenancy law

Abuse in tenancy law describes conduct, rent terms or termination notices that conflict with good faith or protective rules.

Swiss tenancy law uses the idea of abuse to police the balance between contractual freedom and tenant protection. A rent may be abusive if it yields an excessive return or is otherwise unjustified under the applicable criteria. A termination may be abusive if it contradicts good faith, retaliates against legitimate tenant rights, or seeks an improper advantage. Abuse is assessed concretely, considering the parties’ conduct, timing and interests. Remedies may include rent adjustment, invalidation of notice, or other statutory consequences.