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On Thursday he advocated a partial transfer of tenure law with 91 votes to 89 and 4 abstentions. Unlike the preliminary judicial commission, the bourgeois majority in the great chamber could not prevail. The SVP and FDP parliamentary groups voted unanimously for the non-acceptance of the bill. The tip of the balance, however, played with the divided middle faction, who cast some votes more in favor than against. Along with the votes of the closed left and the majority of the GLP, there was a narrow yes.
The race was already closed in summer. Finally, Parliament sent two corresponding motions to the Federal Council. The government then drew up the so-called Covid-19 commercial lease law, against their will.
Pay 40 instead of 100 percent
This stipulates that tenants and tenants who were affected by a closure or severe restrictions in the spring only have to pay 40 percent of the rent for the period of March 17 to June 21, 2020. 60 percent is in charge of the owners.
The partial lease exemption applies if the monthly net rent does not exceed CHF 20,000. The law does not apply to cases in which the contracting parties were able to reach an agreement expressly and amicably or in which a legally binding judicial decision was taken before the entry into force of the law. In the case of leasing or leasing interest between 15,000 and 20,000 francs, both parties should be able to waive the waiver by unilateral written notice.
“For many of vital importance”
Baptiste Hurni (SP / NE) delivered a fiery speech on behalf of the commission’s minority to many beizers and other business tenants in the country who are threatened in their existence due to the corona pandemic. “The law is vital for many companies,” said Ursula Schneider Schüttel (SP / FR). Many commercial tenants have yet to find a solution to their lost income in the spring.
“The situation for SMEs is getting worse, a solution is more urgent than ever,” said Florence Brenzikofer (Greens / BL). An equitable distribution of the rent is in everyone’s interest. A federal solution is needed because the company has been closed by the federal government.
“According to the catering industry, 100,000 jobs are at stake,” said Nik Gugger (EVP / ZH). Judith Bellaîche (GLP / ZH) argued that interference in the claims of owners associated with the law was appropriate in the context of the plight of many small and medium-sized businesses. In the opinion of the majority of Liberal Greens, the presentation still needs to be improved in detail.
“Nobody stands in the rain”
Philipp Matthias Bregy (CVP / VS) described the law on behalf of the majority of the commission as “not proportionate” and “not in accordance with the constitution”. A yes would lead to unequal treatment of traders and would be an unacceptable interference with existing contractual rights. “Landlords are not always rich, tenants are not always poor,” Bregy said.
The federal government should support battered gastronomy with existing financial aid, argued Pirmin Schwander (SVP / SZ). He referred to various existing corona economic aids, such as Covid loans, reduced-time work and compensation for earnings. “Nobody stands in the rain.”
Opponents of the law referred to a report recently released by the Federal Council, according to which there is currently little evidence of major hardship for commercial tenants. “Many tenants and landlords have come across individual and mutually acceptable solutions,” said Christa Markwalder (FDP / BE). The law, on the other hand, proposes an “arbitrary flat-rate regulation” that is not an effective means.
Commission reports details
The matter now returns to the National Council Commission, which has to discuss the proposal in detail. In the winter session, the commercial leasing law returns to the great chamber. It is far from dry. A rejection in the general vote cannot be ruled out due to the shortage of votes.
And the partial rental exemption will also be controversially discussed in the Council of States. SVP and FDP, who will also likely reject the bill there, have to convince around a third of CVP’s State Councilors to say no in order to have a majority.