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What is a rent reservation?
With a rent reservation, also known as a rent reserve, the landlord declares that the rent has not been fully adjusted. Tenants must expect an adjustment at a later date.
The rent reservation must be indicated in the rental agreement or on the occasion of a rent increase and must fulfil the following formal requirements:
- The rent reservation must be stated in francs or as a percentage of the net rent and must be precisely justified.
- If several reasons for the increase are reserved, the amount of the corresponding rent reserve must be stated for each individual reason. A general reference such as “insufficient rent increase” is not sufficient.
The following reasons are permissible:
- Insufficient return on equity (insufficient net or gross yield).
- Value-enhancing investments have not yet been passed on to the rent, or only partially.
- The cost-covering gross yield (only for new buildings) has not been achieved.
- The rent customary for the location and neighbourhood has not been reached.
- The reference interest rate, general cost increases and inflation are not up to date.
A reservation of rent is only permissible if the rent of the previous tenant has been accepted unchanged. The reservation of rent can only be contested if it is implemented.