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Commission de conciliation en matière de baux et loyers

The Commission de conciliation en matière de baux et loyers intervenes in disputes relating to a lease contract or a non-agricultural usufructuary lease contract, involving an immovable property. Its purpose is to enable the parties to reach an agreement before the case is brought to the Tribunal des baux et loyers in the event of failure of the conciliation attempt.

Contacts

Address

Address

Rue de l'Athénée 6-8
1205 Genève

Contact details

Desk

9h-12h / 13h30-16h30

Telephone

8h-12h / 13h30-16h30

Filing applications of ex-parte interim measures and seizures to the Tribunal de première instance

Please give prior notice to the registry at T. +41 22 327 66 80
The desk is open until 17h at the latest
(For ex-parte interim measures, seizures and protective letters only)

Mailing address

Commission de conciliation en matière de baux et loyers
Case postale 3120
1211 Genève 3

Presidency and Directorate

Mrs. Véronique HILTPOLD
President

Mrs. Emmanuelle DUFOUR IMSAND
Vice-President

Mr. Armand RIVIERES
Director

Composition

Competences

The mission of the Commission de conciliation en matière de baux et loyers (hereinafter "the Conciliation Commision") is to allow parties bound by a lease contract or a non-agricultural usufructuary lease contract, involving an immovable property (e.g. flat, business premises), to reach an agreement in the conflict opposing them. Reaching a settlement at this stage avoids bringing the case before the Tribunal des baux et loyers and embarking on a longer formal proceeding.

The Conciliation Commission intervenes in particular in proceedings concerning:

  • The amount of rent (setting of the initial rent, increase or decrease)
  • The termination of the lease
  • The lease extension requests
  • The request for works with or without a rent deposit
  • The rent reduction requests for a defect
  • The claims for payment (e.g. due to late payment of rent)
  • The rental security

Organization

A collegial and multidisciplinary jurisdiction

The Rental and lease conciliation Commission is made of 3 judges. The tenured judge is assisted by an assessor judge representing the tenant advocacy organisations and by an assessor judge representing the landlord advocacy organisations.

The Commission’s Office can be reached by telephone at the indicated opening hours for questions relating to a pending proceeding. It does not provide legal advice.

Proceeding

A brief overview of actions to take

In principle, any dispute relating to a lease contract or a usufructuary lease contract involving immovable property, is subject to a prior attempt of conciliation and must therefore be submitted to the Commission de conciliation en matière de baux et loyers.

There are however some exceptions which are provided for in articles 198 and 199 CPC (for example, summary proceedings in clear cases, interim measures, action for release from a debt).

The proceeding brought before the Commission de conciliation en matière de baux et loyers is free of charge.

 

Step 1: bring the case before the Commission de conciliation en matière de baux et loyers

You must write your application in French and send it to the Commission de conciliation en matière de baux et loyers by post or by handing it directly at the desk of the commission or at the Greffe universel.

Your request must indicate against whom it is directed, what you wish to obtain (your conclusions) and state as clearly as possible the object of the dispute (what you want and why). The request must be signed.

You may use the ad-hoc forms for your request.

Access to application forms

 

Step 2: attend the conciliation hearing

In principle, within 2 months of sending your request, you are summoned to a conciliation hearing during which the conciliating judge, accompanied by 2 assessor judges, seeks to informally find an agreement between you and your opponent.

Step 3: reach an agreement or continue the proceedings in court

If an agreement is reached, the proceeding is terminated with a conciliation report which is equivalent to a judgment.

On the other hand, if the conciliation attempt fails, the proceeding before the Commission ends in one of the following three ways:

  • The Commission de conciliation issues an authorisation to proceed on the basis of which the proceedings may continue before the Tribunal des baux et loyers.
  • The Commission de conciliation may submit to the parties a proposal for a judgment, where the amount in dispute does not exceed Fr. 5'000.- or in disputes related to a lease contract or a usufructuary lease contract for residential or commercial premises if they concern the deposit of rentthe protection against unfair rent, the protection against termination, or the extension of the rent lease or the usufructuary lease.
  • The Commission de conciliation may, at the request of the plaintiff, render a decision, if the amount in dispute does not exceed Fr. 2'000.-.

Thematic guide

Rental deposit

The person from whom you are renting your apartment is delaying making repairs that are his/her responsibility. You can deposit your rent.

Application forms

For the use of the tenant

Rental deposit

To deposit your rent when the landlord is slow to repair a defect in the rented property.

Consult the thematic guide Rental deposit

Request for the validation of a deposit

Within 30 days following the date on which the first deposited rent becomes due, you must submit a request for validation of the deposit to the conciliation authority in order to assert your claims against the landlord.

Request for a rent reduction

To ask for a rent reduction (for example, as a result of a lower mortgage rate) when the landlord has refused to grant it to you.

Request for challenging the termination and/or for the extension of the lease 

To contest the termination and/or request the extension of the lease.

Request to challenge rent increases and other amendments of the lease

To challenge rent increases and other amendments of the lease that your landlord has sent you.

Request to challenge the initial rent

To challenge the initial rent of your residential or commercial premises after taking possession of the property (within 30 days).

Request for payment (tenant)

To claim money from your landlord.

Request for miscellaneous services (tenant)

For any other request.

Annexed sheet

To be used to submit the requested additional information.

For the use of the landlord

Request for payment (landlord)

To claim money from your tenant.

Request for an eviction order

To oblige the tenant to leave the premises at the end of the lease.

Request for the release of deposited rent

To get the payment of unjustly deposited rent.

Application for miscellaneous services (landlord)

For any other request.

Annexed sheet

To be used to submit the requested additional information.

Questions/answers

You can do so by means of standard requests available at the Commission de conciliation en matière de baux et loyers' desk and accessible online on the page the commission’s application forms.

You can also use a simple signed letter, containing the designation of the opposing party, the conclusions and the description of the object of the litigation. Pay attention to deadlines (generally 30 days).

Once the lease is terminated, you must file a request for eviction against the tenant/subtenant, in principle with the Commission de conciliation en matière de baux et loyers.

You are not allowed to proceed with the evacuation yourself without a decision from the authority.

See also

Tribunal des baux et loyers

The Tribunal des baux et loyers is a specialised court that intervenes in disputes relating to a lease contract or a non-agricultural usufructuary lease contract involving an immovable property.

Legal advice service and legal counsels

The Judiciary Power does not provide legal advice. You can contact the following associations and organizations.