Tenancy law will generally cover all tenancies application. However, depending on the type and purpose of use of the rental property, there are different rules.
The legislator has the rent defined as follows:
Art. 253 OR
Through the lease to the landlord to let the tenant one thing to use, and the tenant agrees to pay the lessor for a rental fee.
The rent is therefore a bilateral transaction between landlords and tenants as parties represent. Features of the rent, the transfer for use of a thing at a time and the Entgeltlichkeitdieser performance.
The leases, as in Art. 253ff. OR is anchored, is in principle to all tenancies application. However, partly depending on the type and purpose of use of the rental property, there are different arrangements, such as with respect to the statutory notice periods and dates (see. Art. 266a OR -f).
The rental of residential and business premises under stands beyond the so-called abuse provisions, with individual types of living rooms (Luxury, subsidized living quarters or for less than three months rented apartments) are excluded from the application of this abuse provisions in whole or in part.
The provisions for the protection of tenants of residential and business premises also apply to all things that the landlord rented together with such spaces.
Abuse provisions in particular
The special safeguards for tenants of residential and business premises relate to the two subregions rent design and termination. These are the rules to protect from misuse rents and other abusive claims of the lessor in the Art 269 -. 270e OR and the subsequent Article 271 -. 273c OR to Kündigungsschutz.Die abuse provisions reflect a social policy objective, motivated, the tenants of residential – premises and to ensure the longest possible duration of the lease, as the areas of housing and business have an essential meaning and tenants are instructed in an increased extent on the premises so used. The enhanced protection against dismissal of the tenant based on the following components:
- Minimum statutory notice periods
- Form compulsion
- Law on grounds of termination
- Ability to terminate contestation
- Requests for tenants stretching etc.
As a counterbalance – the restriction of termination rights – is in these leases, the possibility of adapting the contract terms to changing circumstances:
- Rent increases or
- other unilateral amendment of the landlord,
- Rent reduction request of the tenant.
The basic idea of this regulation is to keep the number of redundancies owner of residential and business premises to a minimum. In particular, should be prevented from lessor may terminate just to a new contract to another (contemporary) insurance conditions. Therefore, the owner of living was resp. Premises the possibility in variation of the principle – pacta sunt servanda – unilaterally alter the contract, so it can adapt to new conditions. Of course, should be given to terminate the counterparty enough time. Tenants who want to hold on lease, may, instead of canceling the lease, contest the changes. Thus, the unilateral enforcement of unfair claims be prevented. The problem is however that the possibility of amendments to the contract by the landlord – notably to rent increases – by the Federal Council Regulation (VMWG; severely restricted The supported thereon Court has then overshot the objective of protecting against abuses and the statutory possibility of rent increases for achieving. appropriate return (Art. 269 OR) or to adapt to the premise and neighborhood usual rent perspective.