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

Art. 272

B. Ex­ten­sion of the lease

I. Ten­ant’s en­ti­tle­ment

 

1 The ten­ant may re­quest the ex­ten­sion of a fixed-term or open-ended lease where ter­min­a­tion of the lease would cause a de­gree of hard­ship for him or his fam­ily that can­not be jus­ti­fied by the in­terests of the land­lord.

2 When weigh­ing the re­spect­ive in­terests, the com­pet­ent au­thor­ity has par­tic­u­lar re­gard to:

a.
the cir­cum­stances in which the lease was con­trac­ted and the terms of the lease;
b.
the dur­a­tion of the lease;
c.
the per­son­al, fam­ily and fin­an­cial cir­cum­stances of the parties, as well as their con­duct;
d.
any need that the land­lord might have to use the premises for him­self, his fam­ily mem­bers or his in-laws and the ur­gency of such need;
e.
the con­di­tions pre­vail­ing on the loc­al mar­ket for res­id­en­tial and com­mer­cial premises.

3 Where the ten­ant re­quests a second ex­ten­sion, the com­pet­ent au­thor­ity must also con­sider wheth­er the ten­ant has done everything that might reas­on­ably be ex­pec­ted of him to mit­ig­ate the hard­ship caused by the no­tice of ter­min­a­tion.