Lease Law

Tenancy Law Attorney in Lugano

Haab Legal assists landlords and tenants in all matters relating to lease agreements in Canton Ticino. From contract drafting to dispute management, we offer targeted advice and courtroom representation before the Conciliation Authority and the Pretore di Lugano. As a lawyer in Lugano with deep expertise in tenancy law, we handle every aspect of landlord-tenant relations.

Areas we handle

Lease agreements

The lease agreement (art. 253 et seq. CO) regulates the rights and obligations of landlord and tenant. Haab Legal reviews and drafts lease agreements in compliance with Swiss law, protecting the client's interests. Written form is not mandatory, but it is strongly recommended to avoid disputes.

Termination of the lease

Termination must comply with statutory or contractual notice periods (art. 266a et seq. CO) and must not be abusive (art. 271 CO). For residential leases, the minimum statutory notice period is 3 months for the local term date (generally 1 April or 1 October in Ticino). The landlord's notice of termination must be communicated using the official form approved by the Canton.

Extension of the lease

If the termination would cause hardship for the tenant, the tenant may request an extension of the lease (art. 272 et seq. CO), up to 4 years for residential premises and 6 years for commercial premises. The court weighs the interests of the parties, personal circumstances and the availability of alternatives.

Defects in the leased property

The tenant is entitled to a property free from defects (art. 256 CO). In the event of defects that limit its use, the tenant may:

• Request repair within a reasonable timeframe
• Request a rent reduction proportional to the defect
• Deposit the rent with the Conciliation Authority (art. 259g CO)
• Have repairs carried out at the landlord's expense (if the defect is urgent)
• Terminate the contract in serious cases (art. 259b CO)

Rent increases

The landlord may increase the rent with at least 10 days' notice before the start of the notice period, using the official form. The increase may be challenged within 30 days before the Conciliation Authority (art. 270b CO) if the rent is excessive relative to the net return on investment or to neighbourhood rents.

Return of the leased property

Upon return, the parties complete an inspection report (art. 267a CO). The landlord must immediately report any defects discovered, otherwise the right to compensation is lost. Haab Legal assists with the return procedure and the management of disputes relating to the security deposit.

Subletting

The tenant may sublet with the landlord's consent (art. 262 CO). The landlord may refuse consent only for serious reasons: abusive conditions, significant prejudice or the tenant's refusal to disclose the subletting conditions.

Conciliation procedure

For tenancy disputes, conciliation proceedings before the Conciliation Authority are mandatory (art. 197 CPC). Only if conciliation fails may the case be brought before the Pretore. The procedure is free of charge up to a disputed amount of CHF 30'000.

Our approach

Haab Legal assists clients both at the conciliation stage and in any subsequent court proceedings. We represent both landlords and tenants with the aim of finding balanced and legally robust solutions.