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In lease contracts exceeding 5 years, rent determination according to market rate can be requested.
Increase rate in residential rents is limited by CPI. Increases exceeding this limit can be contested.
For residential and roofed-workplace leases, the increase cannot exceed the 12-month average CPI of the previous lease year (Code of Obligations art. 344). After five years, the court may re-set the rent on the basis of equity. Temporary statutory caps must also be observed. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.
Under arts. 344 and 345 of the Code of Obligations, when the parties cannot agree on the rent or once five years have passed, a rent-determination action may be brought. If the action is filed at least 30 days before the new rent year, or notice is served within that period, the determined rent applies from the start of the new period. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.
Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.
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