Law on the Application of Federal Provisions Concerning the Lease of Residential and Commercial Premises and Agricultural Tenancy

This law governs the rules for the application of federal law concerning leases and tenancies.

1 The State Council designates the competent Department for the execution of the provisions concerning the activity and functioning of the Conciliation Offices for residential and commercial premises and rent matters.

2 The Department, in collaboration with professional associations, organizes the instruction and continuous training of the persons comprising the office.

1 The Council of State confers general binding force upon framework lease agreements when their scope of application is limited to the territory of the Canton or to a part thereof, in accordance with the prevailing federal provisions on the matter.

2 An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Court.

1 Official forms for the notification of rent increases and other unilateral amendments, as well as the form for the notification of termination, are mandatory; they are prepared by the Department.

2 The official forms, in addition to what is provided for by federal tenancy law (CO and OLAL), must also contain

1. the exact indication of the parties and their domicile;

2. the date and signature of the landlord or their representative;

3. in the case of notification of termination, the possibility for the tenant to request the reasons in writing. [1]

3 In the event of a housing shortage, the State Council may declare the use of the official form for the conclusion of a new lease agreement mandatory, in all or part of the cantonal territory.

4 In the case of stepped rent (Art. 269c CO), the submission of a copy of the rent agreement is sufficient for the notification of a rent increase.

5 The forms are available in the municipal chanceries.

6 However, forms for use with electronic processors may be authorised by the Department.

[1] Para. amended by Law of 24.11.2014; in force since 16.1.2015 - BU 2015, 5.

1 The offices are subject to the supervision of the Department.

2 The offices transmit to the Department a semi-annual management report indicating the number of cases submitted to the authority, the grounds for dispute, and their outcome, so that it can fulfill its reporting obligation pursuant to Article 23 paragraph 2 of the Ordinance of 9 May 1990 on the lease and rental of residential or commercial premises (OLAL).

1 The lessor who receives, as a result of the lease agreement, cash as a security deposit, must deposit it within 10 days into a savings or deposit account in the name of the lessee with a bank having its domicile or a branch in the Canton of Ticino. Substitute guarantees are permitted.

2 The savings or deposit account remains with one of these banks, as a security deposit in the name of the lessee. The bank may only release the guarantee with the consent of both parties or following a judicial decision.

3 The lessor who, under the same conditions, receives a savings or deposit account book or other valuable, must place it within 10 days with the bank as a security deposit in the name of the lessee.

4 The lessor who alienates the leased property for which a guarantee has been provided is obliged to transfer to the acquirer (new lessor) the availability of the security deposit with the bank.

5 … [2]

[2] Para. abrogated by L 23.9.2014; in force since 14.11.2014 - BU 2014, 489.

1 The depositary shall prepare a receipt in two copies, stating the reason for the deposit, and shall deliver one copy to the lessor and one to the lessee.

2 In the event of alienation (Art. 6 para. 4), the depositary, at the request of the new lessor, shall amend the receipt and notify the parties thereof.

1 Total or partial withdrawal of the sums of values deposited as security may only be effected in the manner provided for in Article 257e, paragraph 3 CO.

2 For the withdrawal of interest accrued on the savings or deposit account or on other deposited values, the tenant's signature alone is sufficient.

3 In the event of a dispute between the tenant and the landlord or the depository bank, the procedure set forth in Articles 210 et seq. of the Code of Civil Procedure of 9 December 2008 shall apply.

The provisions of this Title are also applicable to guarantees provided by sublessors and subtenants.

The provisions of this title cannot be excluded or modified by contract to the detriment of the tenant.

1. Anyone who contravenes the provisions of this Title shall be punished with a fine of up to 2,000 francs.

2. If the offender acted within the scope of their profession as a fiduciary or administrator, or acted for profit, the judicial authority is not bound by this maximum penalty.

3. The application of criminal sanctions falls within the jurisdiction of the judicial authorities.

4. When an infringement is committed in the management of a legal entity, a partnership without legal personality, or a sole proprietorship, the sanctions are applicable to the persons who acted or who should have acted on its behalf.

5. The legal entity, the partnership, or the owner of the sole proprietorship shall be jointly and severally liable for the payment of the fine and costs.

1 Real Estate Appraisers and their Deputies

1 Every Municipality shall designate a real estate appraiser and a deputy to provide consultancy and conduct assessments within the scope of tenancy relationships; the Council of State may authorize Municipalities to designate multiple appraisers and multiple deputies; the deputy shall replace the appraiser in cases of exclusion, recusal, absence, or other impediment; in cases of necessity or urgency, they may also intervene outside their designated area.

2 When the appraiser cannot be replaced by the deputy, the Municipal Council may appoint an extraordinary appraiser.

3 Several Municipalities may designate the same real estate appraiser and the same deputy.

4 Before assuming office, the appraiser and the deputy shall make a declaration of allegiance to the Constitution and the laws by signing the certificate delivered to them by the Municipal Council.

5 The term of office expires six months after the municipal elections; reconfirmation is presumed if the Municipal Council does not communicate non-confirmation within four months of the elections.

6 Unless a different term is established in the municipal regulations, the appraiser and the deputy may resign from their office with a written notice of at least three months.

7 The appraiser and the deputy must be independent from the municipal council and the municipal administration of their designated area.

8 The appraiser and the deputy must possess sufficient technical and practical knowledge in the construction and real estate sector; specific training is not required.

9 The Department shall ensure the periodic updating of appraisers and shall publish the list of appraisers annually in the Official Gazette.

1 The expert intervenes upon request of lessors, lessees, and the Conciliation Offices.

2 The Code of Civil Procedure applies by analogy, and the expert is bound by official secrecy. [3]

3 The costs of the expert are borne by the party requesting their intervention; the State bears the costs of interventions ordered by the Conciliation Offices.

4 The Council of State regulates, by means of a regulation, the scope of activity and the modalities of intervention and determines the remuneration and tariff applicable to experts.

[3] Para. amended by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 365.

The present law shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force simultaneously with the law implementing the Swiss Code of Civil Procedure. [4]

Published in OG 2010, 328.

[4] Entry into force: 1 January 2011 - OG 2010, 328.