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Are you a tenant and do you have a noisy or disrespectful neighbour and you are desperate? In this article I describe the measures that a property manager can take against a tenant who does not care about his neighbours.


Please set subtitles in English.

Obligation to show due consideration for neighbours

Art. 257 f, paragraph 2 of the Code of Obligations (Swiss tenancy law)

 "Where the leases relates to immovable property, the tenant must show due consideration for others who share the building and for neighbours."

The tenant must comply with the law of neighbours, which is regulated in article 684 of the Swiss Code Civil. The tenant must refrain from any excessive influence on the neigbour.

Art. 684, paragraph 2 of the Swiss Code Civil

"In particular all harmful effects that are not justified by the location and character of the land or by local custom such as air pollution emissions of noxious vapours, noise, vibrations, radiation or the deprivation of sunlight or daylight are prohibited."

The Federal Supreme Court regards excessive noise pollution as a typical reason for an extraordinary termination of the tenancy agreement.

Severity and tolerance

Moderate noise and some noise, such as neighbours playing the piano during the hours provided for in the lease and children playing outside on the playground, must be tolerated. The noise that the tenant must tolerate depends, among other things, on the soundproofing of the construction, the destination of the premises, the frequency, the repetition and the location. If you rent a flat in a noisy neighbourhood or next to a large family, you will need to be a little more tolerant.

First steps to be taken

1. Complain directly to your neighbour and look for the discussion
2. If the excessive noise persists during the nights or if your neighbour physically attacks you, call the police
3. If the neighbour continues to be disrespectful, write a letter to the lessor and clearly describe the problem so that she/he can write a letter of protest. If your neighbour is very noisy, ask the other neighbours in the building to also write to the administration to testify
4. If the property manager's letter has not resolved the problem, inform him/her again in writing so that he/she can act again. Don't let time pass. If the building manager no longer receives complaints, he considers that everything is in order.

Possible sanctions, last resort

Termination in accordance to art. 257 f, paragraph 3

(quote shortened)

"If, despite written warning from the lessor, the tenant  continues to act in breach of his duty of care and consideration such that continuation of the lease becomes unconscionable for the landlord or other persons sharing the building, the landlord may terminate the contract  for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month."

If the landlord lets too much time pass between the last warning and the termination, this can be interpreted as an unreasonable demand, so that the condition for an extraordinary termination is no longer fulfilled. Therefore, you must not allow much time to pass between letters to the administration.It is important to know that termination is the last resort and if your neighbour objects to it, it can only be validated by a legal decision. The proceedings take a long time and you have to prove the facts.

Conclusion

It is very annoying to have a disrespectful or noisy neighbour and if he/she does not change his/her bad behaviour and object to the dismissal, the problem cannot be solved quickly and a long process has to be started. If the situation is unbearable, it is in your interest to move.

 © Written and translated by Esther Lauber,Real Estate Trustee with Advanced Federal Diploma of Professional Education and Training, real estate manager in Geneva
Articles in official English version from the portal of the Swiss goverment, partly translated from French to English with DeepL