Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

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.

²Para­graph 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).