9h-12h / 13h30-16h30
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)
Tribunal des baux et loyers
Case postale 3120
1211 Genève 3
Presidency and Directorate
Mrs. Véronique HILTPOLD
Mrs. Hanna VEUILLET - KALA
Mr. Armand RIVIERES
The Tribunal des baux et loyers deals in particular with conflicts concerning a lease contract or a non-agricultural usufructuary lease contract, involving an immovable property (e.g. flat, business premises), whether the latter is concluded between tenants and owners (landlords) or between tenants and subtenants. It rules in particular in the following areas:
- Amount of rent (setting of the initial rent, increase or decrease)
- Rental security
- Termination of the lease
- Extension of the lease
- Request for works with or without a rent deposit
- Rent decrease for a defect
- Claims for payment (e.g. due to late payment of rent)
- Termination of the lease and request for the eviction of the inhabitants from the dwelling
As an execution court, it is also competent to order the eviction of a tenant following a judgment of the Tribunal des baux et loyers or the Chambre des baux et loyers de la Cour de justice.
A collegial and multidisciplinary jurisdiction
The Tribunal des baux et loyers is composed of a tenured judge who sits in hearings and rules on cases, assisted by an assessor judge representing the tenant advocacy organisations and an assessor judge representing the landlord advocacy organisations.
In proceedings for the enforcement of an eviction judgment relating to a dwelling, the composition of the court also includes representatives of the department responsible for housing and the Hospice Général.
The court’s judges also work in close cooperation with jurists and clerks for the administrative follow-up of the proceedings and the recording of minutes in a court hearing.
A brief overview of actions to take
The Tribunal des baux et loyers normally intervenes following the failure of a conciliation before the Commission de conciliation en matière de baux et loyers.
The proceedings are free of charge.
The proceedings before the court involve several steps:
Step 1: bring the case before the Tribunal des baux et loyers
Your request must indicate against whom it is directed, what you wish to obtain (your conclusions) and state as clearly as possible the grounds on which it is based. The application must be dated and signed. In particular, the following must be attached to your application: the authorization to proceed issued by the Commission de conciliation en matière de baux et loyers and all the documents invoked as evidence (in particular the lease contract).
Step 2: conduct of the proceedings
Depending on the nature of the cases:
- Either you and your opponent are summoned directly to a hearing.
- Or an exchange of written submissions is carried out beforehand to enable the opponent to comment in writing about your request.
- The number of hearings that follow depend on the nature of your case.
Step 3: end of the proceedings
At the end of the proceedings the judge will render his/her judgment, which will be notified to you in writing within a few weeks (8 weeks on average).
They are for sale particularly at the Commission de conciliation en matière de baux et loyers’ desk.
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.