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How much is the rent to stores like restaurants, clothing stores or hair salons during the Corona crisis? This was discussed in Bern. Parliament has now prevailed. The Federal Council holds a grudge.
For commercial rentals of up to 20,000 Swiss francs per month, tenants would only have to pay 40 percent of the rent during the period during forced closure. The owners take over the remaining 60 percent. For healthcare facilities such as hospitals or doctor’s offices that have had to restrict their operations, the rental exemption applies for a maximum of two months.
The law does not apply to cases in which the contracting parties have been able to reach an agreement expressly and amicably or in which a final judicial decision has been taken before the entry into force of the law. If the rental or lease rate is between CHF 15,000 and CHF 20,000, both parties should be able to waive the exemption by unilateral written notification.
The Federal Council gives in to pressure
The Federal Council does not hide the fact that the solution goes against the grain. In his message on Friday, he mentioned several times that he was fulfilling a mandate from parliament with the message on the Covid-19 commercial leasing law; in this case, you must comply. The government does not want to ask parliament to pass the law. An unusual process.
According to reports, it was not the Minister of the Economy, Guy Parmelin (60), who disapproved. The passage was only added to the press release at the last minute.
It also states that the Federal Council remains in its previous position, according to which interference in private law relations between tenants and landlords must be avoided. Eleven cantons, the majority of business, property and real estate associations, as well as the SVP and the FDP, argue that they rejected the corresponding motions in the summer session.
The Tenants Association is satisfied
However, the Deputy Minister of Economy, Guy Parmelin (60) must now represent the bill in parliament. During the shutdown, Parmelins’ own department had discussed various options for a solution.
The tenant association is satisfied with this. Businesses affected by business closures have been waiting for months for a federal solution. Therefore, the law must be passed quickly so that those affected across Switzerland finally have clarity.
80,000 leases affected
In the coming weeks, the Federal Council will publish a follow-up report that will present the current situation in the area of commercial rentals. Based on current estimates, around 80,000 leases are likely to be included in the planned act.
The federal government currently has 4,000 to 5,000 homeowners and landlords who could be struggling due to an ordered partial lease. Those affected should be able to request financial compensation from the federal government. A jackpot of no more than 20 million francs will be provided.
The end of October will show whether the law will again find a slim majority in parliament. Then the National Council debates it in a special session. (dba / SDA)
