Act on Jurisdiction in Lease Matters (LJB) - Objective (LJB)

1. This law applies to disputes concerning lease agreements for immovable property, regardless of the disputed value.

2. It is also applicable to non-agricultural lease agreements.

3. However, it does not apply to eviction procedures where the lease is terminated due to late payment of rent, nor to procedures under the jurisdiction of the authorities responsible for enforcing the Federal Debt Collection and Bankruptcy Act in the Canton of Vaud [A], particularly the release of opposition.

1. Disputes referred to in Article 1, paragraphs 1 and 2, fall under the exclusive jurisdiction of the Lease Tribunal.

2. The attempt at conciliation takes place before the prefectural conciliation commissions or the conciliation and parity commissions established or recognized by federal or cantonal law.

1. The Tenancy Tribunal operates throughout the entire canton. Its seat is determined by the Cantonal Court.

2. It holds hearings in the district where the rented property is located. When the property is outside the canton, it holds hearings in the district where the defendant has their domicile, habitual residence, or an establishment; failing that, it sits in Lausanne.

3. The preceding paragraph may be deviated from with the parties' agreement.

1. The Lease Tribunal is composed of

a. one or more presidents and, if necessary, one or more vice-presidents, who possess a complete legal education;

b. assessor judges representative of landlord circles and tenant organizations;

c. experts;

d. a clerk and, where applicable, one or more deputy clerks, as well as registry collaborators.

2. Upon prior notice from the Cantonal Tribunal, the State Council determines the number of presidents, vice-presidents, assessor judges, deputy clerks, and registry collaborators.

3. The president(s), vice-president(s), and assessor judges are judicial magistrates within the meaning of the Judicial Organization Act [B].

4. The president receives the same salary as a president of a district court.

1. The members of the court are appointed by the Cantonal Court. For the appointment of court members designated under letters b) and c) of Article 4, the Cantonal Court shall first consult the owners' and tenants' organizations.

1. The Rental Tribunal is composed of a president or vice-president and two assessors, one representing the landlords and the other representing the tenants.

2. The president or vice-president shall, if possible, select the assessors from those domiciled or working in the district where the tribunal is holding its session.

3. With the parties' consent, the president or vice-president may dispense with the assistance of the assessors if the case does not appear to present particular difficulties.

4. At any time, the tribunal may enlist the assistance of one or more experts, who participate in the examination, discussions, and deliberations of the tribunal, with a consultative voice.

5. In principle, the composition of the court is communicated to the parties at least 30 days before the hearing.

1. In each district, a Conciliation Commission in lease matters is established, composed of the prefect who acts as president and two assessors, one representing the tenants and the other representing the landlords.

2. The prefect who acts as president of the commission has completed legal training or has specific training in rental law.

3. The assessors are appointed on the proposal of landlords' and tenants' organizations by the State Council, which prepares the list for each district at the beginning of each legislative term. The assessors are domiciled or work in the district.

4. Other recognized conciliation authorities may include joint bodies provided in framework agreements concerning rental leases or in similar agreements, provided they are formed in accordance with Article 200, Paragraph 1 of the CPC [C].

1. The prefect summons the assessors, generally on a rotational basis.

2. They review the file at least 48 hours in advance.

1. By agreement, the parties may recognize the conciliation commission as the arbitral tribunal. The commission is obligated to assume this responsibility.

1. Conciliation commissions are also responsible for advising parties on any matters related to rental leases or non-agricultural tenancy leases of immovable property (Art. 201 CPC [C]).

2. If the commission receives a request for conciliation while an eviction procedure is already underway, it forwards the request to the competent authority.

1. Certified business agents and individuals duly authorized by a representative organization of tenants or landlords, previously authorized by the Cantonal Court, may professionally assist or represent the parties before the Rental Tribunal and the conciliation commissions.

1. The procedure before the court is free of charge.

2. A party that acts recklessly or unnecessarily complicates the proceedings may be required to pay a fee of up to 500 francs.

3. The party may also be obligated to pay the other party costs of up to 1500 francs.

1. By way of derogation from Article 12, when the dispute involves a commercial lease and the circumstances or the situation of the parties do not preclude it, Articles 95 and following of the Swiss Code of Civil Procedure [D] relating to costs, expenses, and securities are applicable to the proceedings before the court.

2. The fee is calculated based on the nature of the case and the amount in dispute.

1. For prefects in office at the time of the entry into force of this law, Article 7, paragraph 2 will become binding 5 years after the entry into force of the law.

1. The law of December 13, 1981, on the Rental Tribunal is repealed.

2. The law of May 12, 1982, establishing the procedure in disputes relating to non-agricultural real estate lease agreements and farm leases is repealed.

1. The Council of State is entrusted with the execution of the present law. It shall publish the text in accordance with article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by decree, the date of its entry into force.