Headline
09/12/24
Information du Pouvoir judiciaire
Ouverture et fermeture des greffes et bureaux du Pouvoir judiciaire à la fin de l'année 2024
Contacts
Address
Contact details
Year-end office hours from December 24, 2024 to January 1st, 2025 included
The Tribunal civil will be closed.
The Tribunal de première instance and the Tribunal des baux et loyers will nevertheless be open on 24, 26, 27 and 30 December 2024 from 9h to 12h and from 14h to 16h for urgent matters only, namely: ex-parte interim measures, seizures and protective letters.
--> Resumption of the usual working hours indicated below as of January 2nd, 2025 at 9h.
Desk
Opening hours
9h-12h / 13h30-16h30
Filing applications of ex-parte interim measures and seizures to the Tribunal de première instance
Urgent requests must be submitted no later than the closure of the desk at 4:30 pm.
Mailing address
Commission de conciliation en matière de baux et loyers
Case postale 3120
1211 Genève 3
Presidency and Directorate
Mr. Pierre-Yves MAURON
President
Mrs. Hanna VEUILLET-KALA
Vice-President
Mr. Guillaume MEIER
Director
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.
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 rent, the 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.-.
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
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.
