Government Council Introduces Compulsory Forms in the Canton of Lucerne as of 1st November 2021
From 1st November 2021, landlords in the Canton of Lucerne are required to disclose the previous rent to the tenant when concluding a rental agreement and to justify any increases.
Due to the current low vacancy rate, the cantonal government is issuing a form requirement. This will apply from 1st November 2021 throughout the canton of Lucerne and also includes the analysis region of Unteres Wiggertal (Altishofen, Dagmersellen, Egolzwil, Nebikon, Reiden, Wau-wil and Wikon), where the vacancy rate is over 1.5 percent.
The form requirement is intended to create transparency with regard to rents and rent increases and to prevent rent index excesses when tenants change.
According to § 94 para. 1 EGZGB Lucerne, the government council can declare the use of the form obligatory for the conclusion of new tenancy agreements in the entire cantonal territory or in parts thereof.
The obligation to use the form comes into force on 1st November 2021 and applies until further notice to tenancy agreements concluded on or after 1st November 2021. The relevant form can be downloaded from the following link as of 1st October 2021: https://gerichte.lu.ch/organisation/schlichtungsbehoerden/miete_pacht/formulare.
-MLaw Ralf Voger, Attorney at Law and Partner at Studhalter & Meier Rechtsanwälte AG
-MLaw Mara Wilhelm, Legal Intern at Studhalter & Meier Rechtsanwälte AG