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Swiss Tenant Law Article 266m
Summary
Article 266m of the Swiss Code of Obligations safeguards family residences by mandating mutual consent for lease termination. If a tenant has vacated the property, applying this article may impose an undue burden, conflicting with the principles of good faith and proportionality under Swiss law. Article 2 of the Swiss Civil Code emphasizes good faith and prohibits the abuse of rights, which can be argued if the landlord insists on strict adherence to Article 266m without considering the tenants circumstances. Additionally, contractual gaps, such as those regarding separation, can create ambiguity, and landlords should not rely solely on formalities to enforce liability. Delays in divorce proceedings and the wifes unverified rent payment claims further complicate the situation, potentially relieving the tenant from responsibility. Legal arguments should focus on these principles to address the tenants concerns effectively.Full Conversation
isn't it this? '*. Family residence
a. Notice given by the tenant
Art. 266m
* Where the leased property serves as the family residence, one spouse may not terminate the lease without the express consent of the other.
* If the spouse cannot obtain such consent or it is withheld without good cause, he or she may apply to the court.
* The same provisions apply mutatis mutandis to registered partners.*'
Yes, you are correct. Article 266m of the Swiss Code of Obligations specifically addresses the family residence in the context of lease termination. Here are the key points:
- One spouse cannot terminate the lease of the family residence without the express consent of the other.
- If consent cannot be obtained or is withheld without good cause, the spouse may apply to the court.
- These provisions also apply to registered partners.
This article exists to protect the interests of both spouses or partners in the family residence, ensuring that one party cannot unilaterally make a significant decision like terminating the lease without mutual agreement or court intervention.
- One spouse cannot terminate the lease of the family residence without the express consent of the other.
- If consent cannot be obtained or is withheld without good cause, the spouse may apply to the court.
- These provisions also apply to registered partners.
This article exists to protect the interests of both spouses or partners in the family residence, ensuring that one party cannot unilaterally make a significant decision like terminating the lease without mutual agreement or court intervention.
yes that's obvious. this isn't that helpful. let's try this: '". Applying Art. 266m to block my termination under these circumstances goes beyond its intended purpose and creates an unfair burden on a tenant who has fully vacated the property" can we say more about this unfair burden? how might the landlord be violating (principles of) swiss law?
To elaborate on the unfair burden and potential violation of Swiss law principles:
- Disproportionate Hardship: Applying Art. 266m to a tenant who has fully vacated the property imposes an unnecessary and disproportionate burden, as the tenant is no longer utilizing the premises.
- Good Faith Principle: Swiss law, particularly the Swiss Code of Obligations, emphasizes the principle of good faith in contractual relationships. By insisting on the application of Art. 266m in this context, the landlord may be acting in bad faith.
Would you like more specific information or assistance on this matter?
- Disproportionate Hardship: Applying Art. 266m to a tenant who has fully vacated the property imposes an unnecessary and disproportionate burden, as the tenant is no longer utilizing the premises.
- Good Faith Principle: Swiss law, particularly the Swiss Code of Obligations, emphasizes the principle of good faith in contractual relationships. By insisting on the application of Art. 266m in this context, the landlord may be acting in bad faith.
Would you like more specific information or assistance on this matter?
can you give me a specific reference or article to the swiss code of obligations about good faith?
Case Rating: *
Sure! The principle of good faith in Swiss law is enshrined in Article * of the Swiss Civil Code. It states:
- Article * SCC (Swiss Civil Code): "Every person must act in good faith in the exercise of their rights and in the performance of their obligations."
This principle is fundamental and applies to all contractual relationships under Swiss law. Would you like more details on how it could be relevant to your situation?
Sure! The principle of good faith in Swiss law is enshrined in Article * of the Swiss Civil Code. It states:
- Article * SCC (Swiss Civil Code): "Every person must act in good faith in the exercise of their rights and in the performance of their obligations."
This principle is fundamental and applies to all contractual relationships under Swiss law. Would you like more details on how it could be relevant to your situation?
yes. and also, are there any other principles or articles that would support the argument about the misapplicaiton of * by the landlord
Case Rating: *
To further support your argument on the misapplication of Article 266m by the landlord, consider the following principles and articles from Swiss law:
- Prohibition of Abuse of Rights: Article * of the Swiss Civil Code also states that the manifest abuse of a right is not protected by law. This can be used to argue that the landlord is abusing their rights by applying Article 266m inappropriately.
- Principle of Proportionality: This principle, although not explicitly stated in the Swiss Code, is a general legal tenet ensuring that measures taken are proportionate to the aim pursued. Overburdening a tenant who has vacated the property may be seen as disproportionate.
Would you like more details on any of these principles or further assistance with your case?
To further support your argument on the misapplication of Article 266m by the landlord, consider the following principles and articles from Swiss law:
- Prohibition of Abuse of Rights: Article * of the Swiss Civil Code also states that the manifest abuse of a right is not protected by law. This can be used to argue that the landlord is abusing their rights by applying Article 266m inappropriately.
- Principle of Proportionality: This principle, although not explicitly stated in the Swiss Code, is a general legal tenet ensuring that measures taken are proportionate to the aim pursued. Overburdening a tenant who has vacated the property may be seen as disproportionate.
Would you like more details on any of these principles or further assistance with your case?
could you give me a concise paragraph or * arguing these * points. and then if there are any others that might apply, list them afterwards as bulletpoints.
Case Rating: *
Certainly! Here is a concise argument:
Applying Article 266m to block the termination of a lease by a tenant who has fully vacated the property creates an unnecessary and disproportionate burden. This goes against the principle of good faith, as enshrined in Article * of the Swiss Civil Code, which requires all parties to act honestly and fairly in their contractual relationships. Insisting on the application of Article 266m under these circumstances may also constitute an abuse of rights, as the law does not protect the manifest misuse of legal provisions.
Additionally, the principle of proportionality, a general legal tenet in Swiss law, dictates that measures taken should be appropriate and necessary to achieve their intended aim. Overburdening a tenant who no longer occupies the property is clearly disproportionate and unjust.
Other principles or articles that might apply:
- Article * SCC (Swiss Civil Code): Prohibition of Abuse of Rights.
- Principle of Proportionality: Ensuring measures are proportionate to the aim pursued.
Certainly! Here is a concise argument:
Applying Article 266m to block the termination of a lease by a tenant who has fully vacated the property creates an unnecessary and disproportionate burden. This goes against the principle of good faith, as enshrined in Article * of the Swiss Civil Code, which requires all parties to act honestly and fairly in their contractual relationships. Insisting on the application of Article 266m under these circumstances may also constitute an abuse of rights, as the law does not protect the manifest misuse of legal provisions.
Additionally, the principle of proportionality, a general legal tenet in Swiss law, dictates that measures taken should be appropriate and necessary to achieve their intended aim. Overburdening a tenant who no longer occupies the property is clearly disproportionate and unjust.
Other principles or articles that might apply:
- Article * SCC (Swiss Civil Code): Prohibition of Abuse of Rights.
- Principle of Proportionality: Ensuring measures are proportionate to the aim pursued.
"Insisting on the application of Article 266m under these circumstances may also constitute an abuse of rights, as the law does not protect the manifest misuse of legal provisions." i don't understand thist last part (from 'as'). shoudln't we also refer to article * again in this part, too?
Case Rating: *
Article * of the Swiss Civil Code includes both the principle of good faith and the prohibition of the abuse of rights. Instead of repeating the reference to Article *, you can clarify the sentence as follows:
"Insisting on the application of Article 266m under these circumstances may also constitute an abuse of rights, as stated in Article * of the Swiss Civil Code, which does not protect the manifest misuse of legal provisions."
Would you like any more clarification or assistance on this matter?
Article * of the Swiss Civil Code includes both the principle of good faith and the prohibition of the abuse of rights. Instead of repeating the reference to Article *, you can clarify the sentence as follows:
"Insisting on the application of Article 266m under these circumstances may also constitute an abuse of rights, as stated in Article * of the Swiss Civil Code, which does not protect the manifest misuse of legal provisions."
Would you like any more clarification or assistance on this matter?
do you think this is relevant: 'The lease itself provides a mechanism for clarifying lease responsibility in the event of divorce under Clause *.*, requiring the submission of a court ruling assigning the lease. However, no such ruling existed at the time because we were not yet divorced, meaning I could not comply with this clause even if I had wanted to. More importantly, the lease is silent on how liability is handled in the case of separation, which is the actual situation here. This contractual gap left the lease status unclear, yet the landlord took no action to resolve the issue. He instead relied on strict legal formalities to block my termination while failing to take steps to fairly address my wife’s continued tenancy. '
Case Rating: *
Yes, this is relevant. It highlights the following issues:
- Contractual Gap: The lease does not address separation, creating ambiguity.
- Landlord's Inaction: The landlord did not resolve the unclear lease status.
- Strict Formalities: The landlord's reliance on formalities to block termination may be unfair.
Would you like more detailed information on any of these points?
Yes, this is relevant. It highlights the following issues:
- Contractual Gap: The lease does not address separation, creating ambiguity.
- Landlord's Inaction: The landlord did not resolve the unclear lease status.
- Strict Formalities: The landlord's reliance on formalities to block termination may be unfair.
Would you like more detailed information on any of these points?
if there hadn't been delays in divorce proceedings, i would (more likely!) already have a divorce decree that would have resolved this under section *.*. should i mention this?
Case Rating: *
It's definitely worth mentioning the delays in divorce proceedings, as it adds context to the situation and supports your argument. Highlighting that the divorce decree would have resolved the issue under section *.* can strengthen your position.
Would you like more detailed information on how to present this argument effectively?
It's definitely worth mentioning the delays in divorce proceedings, as it adds context to the situation and supports your argument. Highlighting that the divorce decree would have resolved the issue under section *.* can strengthen your position.
Would you like more detailed information on how to present this argument effectively?
"“The landlord states that only a formal divorce decree could resolve the lease situation (Exhibit X]. However, ongoing delays in the divorce proceedings—delays entirely outside of my control—have prevented such a ruling from being issued. My legal counsel has contacted the court several times to urge progress in the case (see examples in Exhibit [X,Y]. The landlord is aware of the slow ongoing divorce, yet instead of taking proactive steps to clarify the lease arrangement, he left the situation unresolved while continuing to enforce my liability. If he insists on strict adherence to legal procedures, then he must also acknowledge that the lack of a court ruling is not my doing. It is unfair and disproportionate to hold me responsible for obligations that would have been resolved had the legal system moved at a reasonable pace." what do you think?
Case Rating: *
Your argument is well-structured and highlights key points including the delays in the divorce proceedings, the landlord's inaction, and the unfair burden placed on you. Emphasize the following:
- External Delays: The delays are outside of your control.
- Landlord's Awareness and Inaction: The landlord is aware of the delays and still failed to address the lease issue.
- Unfair Liability: Holding you responsible is unfair given the circumstances.
Would you like assistance with any additional legal points or information?
Your argument is well-structured and highlights key points including the delays in the divorce proceedings, the landlord's inaction, and the unfair burden placed on you. Emphasize the following:
- External Delays: The delays are outside of your control.
- Landlord's Awareness and Inaction: The landlord is aware of the delays and still failed to address the lease issue.
- Unfair Liability: Holding you responsible is unfair given the circumstances.
Would you like assistance with any additional legal points or information?
the wife is applying a bunch of bizarre esoteric legal and financial instruments / arguments to claim she actually is paying the rent, via some kind of trust. the landlord has even engaged with her about this. – surely my client should not be held responsible for what she’s doing here. thoughts?
Case Rating: *
It sounds like the situation is quite complex and may require legal assistance. Here are a few key points to consider:
- Contractual Clarity: Ensure the lease agreement clearly states who is responsible for rent payments.
- Good Faith and Proportionality: The landlord should act in good faith and not overburden your client unfairly.
- Legal Instruments: Verify the legitimacy of the wife's claims regarding rent payment through a trust.
Would you like more detailed information on any of these points?
It sounds like the situation is quite complex and may require legal assistance. Here are a few key points to consider:
- Contractual Clarity: Ensure the lease agreement clearly states who is responsible for rent payments.
- Good Faith and Proportionality: The landlord should act in good faith and not overburden your client unfairly.
- Legal Instruments: Verify the legitimacy of the wife's claims regarding rent payment through a trust.
Would you like more detailed information on any of these points?
i don't care if they're legimiate. it's what she's doing and claming that matters, and whether i should refer to her actions to make a valuable legal argument. if they don't support one, that's fine, I have others.
Case Rating: *
To address whether your client's wife's actions and claims through a trust can be used in a legal argument, here are some points to consider:
- Tenant Responsibilities: The lease should specify who is responsible for paying rent. If the wife claims she is paying via a trust, it should be verified against the lease terms.
- Good Faith and Fair Dealing: The landlord should ensure that actions are in good faith and not create an unfair burden on your client.
- Evidence of Payments: If the wife is indeed paying rent through a trust, there should be documented proof.
Would you like more information on any specific aspect of this?
To address whether your client's wife's actions and claims through a trust can be used in a legal argument, here are some points to consider:
- Tenant Responsibilities: The lease should specify who is responsible for paying rent. If the wife claims she is paying via a trust, it should be verified against the lease terms.
- Good Faith and Fair Dealing: The landlord should ensure that actions are in good faith and not create an unfair burden on your client.
- Evidence of Payments: If the wife is indeed paying rent through a trust, there should be documented proof.
Would you like more information on any specific aspect of this?
she says she is. the landlord has received nothing. that's why we're here. can her esoteric practices me used to make a legal point / argument in my client's case?
Case Rating: *
Yes, the wife's esoteric practices could be relevant in your client's case. Here are some points to consider:
- Lack of Payment Evidence: The landlord has not received any payment, so her claims may be considered ineffective.
- Good Faith Principle: Her actions could be seen as not in good faith, potentially burdening your client unfairly.
Would you like any more specific information on how to structure these arguments?
Yes, the wife's esoteric practices could be relevant in your client's case. Here are some points to consider:
- Lack of Payment Evidence: The landlord has not received any payment, so her claims may be considered ineffective.
- Good Faith Principle: Her actions could be seen as not in good faith, potentially burdening your client unfairly.
Would you like any more specific information on how to structure these arguments?
yes they have created a lot of burden and stress, including being rought to court for her unpaid rent.
Case Rating: *
To better assist you, could you provide more details about the court case regarding the unpaid rent? For example, are there any legal defenses or arguments your client is planning to present in court?
To better assist you, could you provide more details about the court case regarding the unpaid rent? For example, are there any legal defenses or arguments your client is planning to present in court?
my client moved out over a year ago. my wife was gone too, seeking jurisdiction abroad. he tried to terminate lease. she told landlord not to. she moved back in. then she stopped paying rent directly, instead claiming this trust business. he's received no money. my lcient only wants out of the lease / house / legal situation that he no longer inhabits.
Case Rating: *
This situation involves complex lease and jurisdiction issues, as well as potential breaches of contractual obligations. Here are some points to consider:
- Lease Termination: Confirm if the lease terms allow for unilateral termination under certain circumstances.
- Good Faith: Emphasize the principle of good faith and the landlord’s potential bad faith in not addressing the lease situation.
- Burden of Responsibility: Argue that your client should not be held responsible for the wife's actions and non-payment.
Would you like more detailed information on these points or any specific legal advice?
This situation involves complex lease and jurisdiction issues, as well as potential breaches of contractual obligations. Here are some points to consider:
- Lease Termination: Confirm if the lease terms allow for unilateral termination under certain circumstances.
- Good Faith: Emphasize the principle of good faith and the landlord’s potential bad faith in not addressing the lease situation.
- Burden of Responsibility: Argue that your client should not be held responsible for the wife's actions and non-payment.
Would you like more detailed information on these points or any specific legal advice?
tell me about how i can argue this and how it applies in swiss law:'Burden of Responsibility: Argue that your client should not be held responsible for the wife's actions and non-payment.'
Case Rating: *
To argue that your client should not be held responsible for the wife's actions and non-payment under Swiss law, consider the following points:
- Good Faith Principle: Article * of the Swiss Civil Code requires all parties to act in good faith. The landlord's acceptance of the wife's claims without verification burdens your client unfairly.
- Prohibition of Abuse of Rights: Also under Article *, the landlord's refusal to acknowledge your client's termination attempt while accepting unverified payment claims from the wife constitutes an abuse of rights.
- Contractual Clarity: The lease should specify who is responsible for rent payments. If the wife’s claims have not been substantiated with actual payments, the landlord cannot hold your client responsible for her non-payment.
Would you like more specific information on any of these points?
To argue that your client should not be held responsible for the wife's actions and non-payment under Swiss law, consider the following points:
- Good Faith Principle: Article * of the Swiss Civil Code requires all parties to act in good faith. The landlord's acceptance of the wife's claims without verification burdens your client unfairly.
- Prohibition of Abuse of Rights: Also under Article *, the landlord's refusal to acknowledge your client's termination attempt while accepting unverified payment claims from the wife constitutes an abuse of rights.
- Contractual Clarity: The lease should specify who is responsible for rent payments. If the wife’s claims have not been substantiated with actual payments, the landlord cannot hold your client responsible for her non-payment.
Would you like more specific information on any of these points?
not v helpful
Case Rating: *
I understand this is a complex issue. To better assist you, can you clarify if there are any specific legal documents or terms in the lease agreement that outline the responsibilities of each party during separation or divorce? This will help us provide more precise guidance.
I understand this is a complex issue. To better assist you, can you clarify if there are any specific legal documents or terms in the lease agreement that outline the responsibilities of each party during separation or divorce? This will help us provide more precise guidance.
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