OR Art. 271a -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 271a OR from 2024
Art. 271a Notice served by the landlord
1 Notice of termination served by the landlord may be challenged in particular where it is given:a. because the tenant is asserting claims arising under the lease in good faith;b. because the landlord wishes to impose a unilateral amendment of the lease to the tenant’s detriment or to change the rent;c. for the sole purpose of inducing the tenant to purchase the leased premises;d. during conciliation or court proceedings in connection with the lease, unless the tenant initiated such proceedings in bad faith;e. within three years of the conclusion of conciliation or court proceedings in connection with the lease in which the landlord:1. was largely unsuccessful,2. withdrew or considerably reduced his claim or action,3. declined to bring the matter before the court,4. reached a settlement or some other compromise with the tenant;f. because of changes in the tenant’s family circumstances which do not give rise to any significant disadvantage to the landlord.
2 Paragraph 1 let. e. is also applicable where the tenant can produce documents showing that he reached a settlement with the landlord concerning a claim in connection with the lease outside conciliation or court proceedings.
3 Paragraph 1 let. d. and e. are not applicable where notice of termination is given:a. because the landlord urgently needs the property for his own use or that of family members or in-laws;b. because the tenant is in default on his payments (Art. 257d);c. because the tenant is in serious breach of his duty of care and consideration (Art. 257f para. 3 and 4);d. as a result of alienation of the leased premises (Art. 261);e. for good cause (Art. 266g);f. because the tenant is bankrupt (Art. 266h).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
