Can the landlord simply reject a request for a reduction?

The 3-point orientation

Yes, the landlord may reject or only partially accept a request for a reduction. However, he should comprehensibly explain why no or only a lower rent reduction is granted. If the landlord refuses, does not respond within 30 days or does it offset the reduction claim against inflation and cost increases, the tenant may submit an application for a reduction to the conciliation authority within a period of time.

The principle: Reject yes, but not without consequences

A request for a reduction is a legally required instrument in Swiss tenancy law. tenant can therefore demand that the rent be reviewed and reduced if the calculation basis has changed. The reference mortgage interest rate is particularly common, but other cost factors can also play a role.

The landlord may review and also reject such a request. It is not obliged to accept every required reduction unaudited. It may claim that no reduction is due, that previous reductions have already been taken into account or that general cost increases and inflation partially or completely compensate for the reduction claim.

Still, rejection doesn't mean the matter is done. If the tenants do not agree with the reasons, they can demand verification by the rental arbitration authority. The rejection is therefore not a final decision, but initially only the position of the landlord.

Why landlord can reject a request for a reduction

There are various reasons why a landlord can reject a request for a reduction. The most common reason is calculation. A lower reference interest rate does not always automatically result in a complete reduction in rent. landlord can offset certain factors provided that they are permitted by tenancy law and calculated correctly.

In particular, this includes 40 percent of inflation, general cost increases, increased maintenance costs or previous changes that have not yet been fully taken into account. A reduction may also be ruled out or limited if the rent is already based on a lower reference interest rate or if there are special contract models such as indexed rents or state-controlled tenancies.

A refusal may therefore be objectively justified. However, it is crucial that it does not remain blanket. An answer such as “We reject” without a comprehensible calculation is barely verifiable for tenants. The Federal Housing Office points out that the landlord must explain why it refuses or charges.

Does the landlord have to answer within 30 days?

In practice, the landlord is usually given a period of 30 days in the request for a reduction. This deadline is important because it determines how to proceed. The tenants should not have to wait for months to see whether the landlord reacts or not.

If the landlord rejects the reduction or does not respond within 30 days, the tenant can sue the conciliation authority for a reduction within 30 days. The Zurich courts expressly describe this procedure: First, the request must be submitted in writing to the landlord; if there is no answer within 30 days, the conciliation authority can be appealed to the conciliation authority within a further 30 days.

For tenants, this means that the deadlines must be carefully noted. Anyone who misses the deadline does not necessarily lose the claim forever, but often has to start all over again and submit a new request for a reduction. This can significantly delay the start of the reduction.

What happens if the landlord doesn't answer at all?

A lack of response is particularly annoying for tenants. Legally, however, silence does not automatically mean consent to rent reduction. Anyone who does not receive an answer should therefore not simply pay less rent. Instead, tenants must take the next step.

If the landlord does not respond within the set or usual period, the tenant may submit a request for conciliation. The conciliation authority then checks whether a reduction is due and to what extent. The Lucerne fact sheet states that, in the absence of an answer, an application can be submitted to the conciliation authority within 30 days of the 30-day comment period.

It is important that the previous rent should continue to be paid until an agreement or decision is reached. An unauthorized reduction can lead to late payments and, in the worst case, risk termination. The right path is through the formal procedure, not through a unilateral reduction in payment.

What applies in the event of a partial rejection?

It is not uncommon for the landlord to accept the request for a reduction in part. For example, it lowers the rent by a smaller amount than required or offsets the claim against cost increases. For tenants, the question then is whether they must accept the partial reduction.

The answer is: No, not necessarily. If the tenants consider the calculation to be incorrect, they can reach the conciliation authority even in the event of a partial rejection. It is crucial that it does this on time. An unsatisfactory answer also triggers the deadline for going to the conciliation authority.

In practice, it is worthwhile to carefully check the calculation. Was the correct reference interest rate assumed? Has inflation been taken into account correctly? Are the claimed maintenance and operating costs plausible? Has a reduction been refused before? Such points can make the difference between a small and a significantly higher reduction.

Can the landlord offset cost increases?

Yes, the landlord may offset certain factors in the event of a request for a reduction. This is one of the most common reasons why reductions are lower than expected. A lower reference interest rate alone does not yet determine the final amount.

In particular, inflation and general cost increases may play a role in the calculation. Many conciliation authorities work with practice-based calculation models. In the Canton of Zurich, for example, cost increases are often expected to involve a lump sum, with age of the building, ancillary cost structure and inflation playing a role.

For tenants, this means that a rejection due to cost increases is not automatically wrong. However, it should be comprehensible. Blanket claims without calculation or evidence do not simply have to be accepted. Anyone who is uncertain can have the answer checked by an advice center, a tenant association or directly in the conciliation process.

When is rejection problematic?

Rejection becomes problematic when it appears manifestly unfounded, contradictory or tactical. If the reference interest rate has fallen, the rent is clearly based on a higher reference interest rate and there are no comprehensible counterarguments, a blanket rejection may be vulnerable.

A delayed or evasive response can also be problematic. landlord should seriously consider the request and make a clear statement. Anyone who only gains time risks that the tenants will call the conciliation authority in due time and the matter will be resolved there.

For tenants, it is important that anger over rejection alone is not enough. Documents, calculations and deadlines are decisive. Anyone who documents well when the request was made, which answer came and why it was not convincing has a better starting position in conciliation proceedings.

How should tenant react after a rejection?

After a rejection, tenant should first note down the deadline. As a rule, there is a period of 30 days from receipt of the response to appeal to the conciliation authority. Anyone who does not do anything within this period must often submit another request for a reduction.

The content of the answer should then be checked. Does it include a calculation? Is the current reference interest rate mentioned? Are inflation and cost increases reported? Is the previous reference interest rate shown in the rental agreement or in previous rent notifications? Without this information, the rejection is difficult to understand.

The next step is the request for conciliation. This must be submitted to the competent conciliation authority at the location of the rental property. The process is generally free of charge for residential and commercial premises and is intended to provide a pragmatic solution. Until an agreement or decision is reached, the previous rent should continue to be paid.

What landlord should consider when answering

landlord also benefit from a clean answer. Anyone who receives a request for a reduction should not prematurely reject a lump sum, but check the calculation basis. A comprehensible statement reduces the risk of conciliation proceedings.

It makes sense to have a transparent calculation with initial rent, previous reference interest rate, current reference interest rate, inflation, general cost increases and any other factors. If no reduction is granted, it should be clearly explained why. If a partial reduction is granted, the new net rent and the date of adjustment should be clearly stated.

Fair and clear communication often prevents escalation. Many conflicts arise not only because of the amount, but because tenants have the feeling that their request is being rejected without examination. Transparency creates trust and can avoid proceedings.

Conclusion: Rejection possible but verifiable

The answer to the question Can the landlord simply reject a request for a reduction? means: Yes, he may reject it or only partially accept it. But this rejection is not final and should be comprehensibly justified. Tenants do not simply have to accept a blanket or unsatisfactory answer.

If the landlord refuses, does not answer or only partially reduces, the tenants can call the conciliation authority within a period of time. The 30-day deadlines, clean documentation and continued payment of previous rent until binding clarification is made are particularly important.

The following applies to tenants: A request for a reduction is a legitimate right, but it must be correctly enforced. The following applies to landlord: A rejection is possible, but should be factual, transparent and predictable. In the end, it is not the unilateral opinion of one party that decides, but the review of tenancy law in the event of a dispute.

Reduction request glossary

Request for reduction: Written request from the tenants to the landlord to reduce the rent.

Reference interest rate: Official mortgage reference interest rate, which forms an important basis for rent adjustments.

Arbitration authority: Competent body to resolve tenancy disputes if landlord and tenant do not reach an agreement.

Cost increases: Permissible counterpositions by landlords, which can partially reduce a rent reduction.

Request for conciliation: Formal application to the conciliation authority, with which the tenants can have the reduction reviewed.