Work CA articles in legal work
Work, travel & events: legal questions about the coronavirus
I could not operate my bar during the official closure and am still not profitable. Do I owe the landlord the full rent?
There are different views on this. If you follow the opinion of the more tenant-friendly lawyers, you do not owe the rent or at most partially. They argue that the rented roomsDossierSMEs in the Corona crisis: What can I do? are legally flawed because you cannot use them - or only partially, for example to store supplies - in accordance with the contract. The representatives of the landlord see it differently - they assume that the rent is still due in full, since the landlord continues to fulfill his contractual obligation to let you use intact rooms. The same applies in principle to leases. Ultimately, the courts have to decide who is right. The best thing to do is to talk to the landlord first and ideally find a solution that is acceptable to both of you.
After the councilors commissioned the Federal Council to work out a commercial rental law in the summer, a partial lease waiver was adopted by a wafer-thin majority in the special session of the National Council at the end of October. Tenants and tenants who were affected or severely restricted by the officially ordered closure from March 17th to June 21st should only pay 40 percent of the rent for this period. The remaining 60 percent are borne by the landlords.
The regulation should apply to business rents, business rents, eleven valuable tips of up to CHF 20,000 per month. With a rent between 15,000 and 20,000 francs, tenants and landlords can do without this solution. The submission is now being sent to the National Council Commission and the Council of States for further discussion. However, business tenants are likely to wait a long time for a possible national solution, while few cantons are willing to compromise payments if tenants and landlords agree on an interest division.
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