¹ This Act applies to the lease:

A.

Buildings allocated to agriculture;

B. ¹

Agricultural undertakings within the meaning of Art. 5 and 7, para. 1 2, 3 and 5 of the Federal Law of 4 October 1991 on Rural Land Law (LDFR) ² ;

C.

Non-agricultural ancillary undertakings but form an economic unit with an agricultural undertaking.

² It also applies to legal acts that are aimed at the same purpose as the farm-farm lease and which would provide the protection required by law if they were not subject to the law.

³ The provisions relating to the lease of agricultural buildings also apply to the lease of allmends, alpages and pastures, as well as rights of enjoyment and participation in them.

⁴ Where this Act is not applicable or does not contain any relevant provisions, the Code of Obligations shall apply, with the exception of the provisions relating to on-farm leases for residential or commercial premises and Those relating to the recording of rent. ³

¹ This Act does not apply to the lease:

A.

Vines of less than 15 ares;

B.

Other unbuilt agricultural buildings of less than 25 ares.

² The cantons may, however, subject to the law the lease of such buildings.

³ If several buildings are leased by the same lessor to the same farmer, their surfaces add up. The same is true when an owner divides a building between several farmers.

¹ This Act does not apply to the on-farm lease of buildings allocated to agriculture where the leased thing is wholly within an area to be constructed within the meaning of s. 15 of the Act of 22 June 1979 on land use planning ² .

² Farm-farm lease contracts that are fully incorporated in the lease into an area to be built within the meaning of s. 15 of the Law of 22 June 1979 on the development of the territory shall remain subject to this Law during the term of the legal lease or, if it is longer, the term of contract or extended judicially.

The cantons may derogate from the rules of this Law for the strengthening of the alpages, the pastures, and the rights of enjoyment and participation in them.

¹ The farm-farm lease is a contract by which the lessor is obliged to hand over the use of a business or building for agricultural purposes to the farmer, and to allow the farmer to collect the fruits or products.

² ... ¹

¹ The cantons may establish a levy on agricultural undertakings for the descendants of the lessor who intend to exploit them themselves and are capable of doing so.

² The descendant may, however, object to a third party's right of pre-employment only if that right is mentioned in the land register. ¹

³ For the surplus, the cantons shall settle the details and the procedure.

The cantons may establish a right of grazing on neighbouring mountain pastures in favour of the farmers in these areas. They settle the details and the procedure.

¹ The initial term of a farm lease is at least nine years for agricultural enterprises and at least six years for agricultural buildings.

² The shorter duration agreement is only valid if it is approved by the cantonal authority. Approval must be sought within three months of the entry into force of the reinforced thing.

³ The agreement shall be approved if the personal or economic situation of a party or other objective grounds justifies it. ¹

⁴ If the approval is refused or if the application is submitted too late, the lease is deemed to have been entered into for the minimum legal period.

¹ The lease is deemed to be renewed without change for the following six years:

A.

It has been concluded for an indefinite period of time and has not been validly terminated;

B.

If it has been concluded for a fixed term and has been tacitly renewed at the end of the term.

² The agreement providing for renewal for a shorter period shall be valid only if it is approved by the cantonal authority. Approval must be sought within three months from the beginning of the renewal of the lease.

³ The provisions on the reduction of the initial term of the lease shall apply mutatis mutandis.

The cantons may establish another term for farm leases for special crops, such as vines and fruit crops.

Each Party may request the adaptation of the fermage at the earliest for the beginning of the following lease year, when the Federal Council modifies the basis for the calculation of the licit fermage.

Each party may request a review of the yield value and the adjustment of the tie for the beginning of the following lease year, where the value of the business or building is permanently altered as a result of natural events, and Land improvement, increase or decrease in surface area, new construction, processing, demolition, building closure or other causes. The revision of the yield value and the adjustment of the tie may also be requested when modifying the basic elements used to estimate the yield value.

Each party may request that other clauses of the contract be adapted to the new circumstances, where the maintenance of the contract cannot reasonably be imposed on it.

If, on a temporary basis, the usual yield is substantially reduced as a result of an accident or extraordinary natural event, the farmer may require an appropriate return of the ferage for a specified period.

If the lessor disposes of the matter, or if it is removed due to prosecution or bankruptcy, the purchaser succeeds the lessor in the contract.

¹ Where the leased thing is disposed of for immediate construction or for public purposes or to be operated by the new owner, the on-farm lease may be terminated.

² Where the purchaser intends to terminate the lease, he shall, within three months of the conclusion of the act of alienation, notify the farmer in writing of the termination of the lease for the next spring or fall term allowed by the local use, Observing a time limit of at least one year.

³ If the lease is terminated, the farmer may, within 30 days of receipt of the termination, open the lease extension. The judge shall extend the lease by at least six months and not more than two years, where the termination has painful consequences for the farmer or his family without any justification for the interests of the new owner.

⁴ The lessor is responding to the damage caused to the farmer by early termination of the lease. The farmer will have to leave the matter only when he has been compensated or if sufficient guarantees have been provided to him.

⁵ The early termination of the farm lease may be settled in the deed of disposition, with the written concurrence of the farmer.

¹ The termination of a farm lease is only valid in writing. The person concerned may request that the leave be justified.

² The period of leave shall be one year as long as the law does not provide otherwise; the parties may agree on a longer period.

³ In the absence of an agreement to the contrary, the leave may be given only for the spring or autumn term allowed by local use.

⁴ If the leased object is situated in part in an area to be constructed within the meaning of s. 15 of the Act of 22 June 1979 on land use planning ¹ , leave may be given for buildings that are not included in the scope of the LDFR ² As well as for the non-agricultural part of the real property within the meaning of s. 2, para. 2, LDFR and the contract may be continued without these buildings. ³

¹ If, due to serious circumstances, the execution of the lease becomes intolerable to one of the parties, the latter may terminate the lease in writing within six months for the following spring or fall term.

² The judge shall decide on the heritage consequences of the termination taking into account all the elements.

¹ In the event of the death of the farmer, his heirs and the lessor shall have the right to give leave in writing, within six months, for the following spring or autumn.

² If the cancellation is made by the lessor, a descendant of the farmer or the spouse or registered partner of the farmer may, within 30 days, declare that they wish to resume the lease. ¹ In the case of a competition for suitors, the lessor may designate the person who will take over the lease.

³ If the suitor does not provide sufficient guarantees as to the normal exploitation of the said thing, or if other grounds render the continuation of the lease intolerable to the lessor, the lessor may, within 30 days of receipt of the Declaration, open action for termination of the lease.

¹ Where the operator of a farming business, consisting partly of land owned and partly leased land, gives the operation to another person, the operator may declare in writing to the lessor that it intends to resume the lease A specified parcel.

² If the lessor does not refuse, within three months of the receipt of the declaration, the transmission of the lease to the returning officer or that he does not request, within the same period, the conclusion of a new contract with the returning officer, the latter shall resume the Current lease.

¹ If any leased buildings are included in a piecemeal meeting, a piecemeal realignment of agricultural land or a consolidation of leased land, and the mode of operation is thus significantly altered, each party shall have the The right to terminate the lease in writing prior to the coming into force of the new operating conditions. ¹

² In this case, the early termination of the lease is not eligible for compensation.

¹ If, during the lease, the farmer remains for the payment of the tie, the lessor may notify the farmer in writing that, in the absence of payment within six months, the lease will be terminated at that time.

² If the lease is terminated, the farmer is required to repair the damage unless he can establish the absence of any fault.

¹ The farmer must take advantage of the carefully strengthened and in particular maintain the productivity of the soil.

² The obligation to operate is the responsibility of the farmer in person. However, the latter may, under his responsibility, entrust the exploitation of the said thing to members of his family, employees or members of a community formed for the purpose of exploitation and of which he is a member, as well as to third parties When it comes to ad hoc jobs.

¹ The lessor is required to carry out the necessary major repairs at its own expense for the duration of the lease, as soon as the farmer has indicated the need for such repairs.

² The farmer has the right to perform the necessary repairs himself, where the lessor, duly notified, has failed to do so within a reasonable period of time and has not challenged his obligation in this regard. The farmer may claim compensation at the latest at the end of the lease.

³ The farmer is required to pay for his expenses in the proper maintenance of the leased thing. It is required, in accordance with local use, to carry out repairs and, in particular, to ordinary maintenance of roads, gangways, ditches, dykes, hedges and fences, roofs, aqueducts, etc.

⁴ The parties may agree that the farmer is required to carry out more important maintenance work, as well as major repairs.

¹ The farmer shall not undertake any renovation or alteration of the afferented thing going beyond the ordinary maintenance, nor shall he bring to the exploitation of the thing a fundamental change whose effects would extend beyond the Term of the lease without the written consent of the lessor.

² Where the lessor has given consent, the lessor may require that the item be restored only if it has been agreed to in writing.

The lessor may terminate the lease in writing, with a period of six months, for the following spring or fall term if, despite the protest or the written summation of the lessor, the farmer:

A.

Continues to fail to comply with the operating obligation referred to in s. 21 A ;

B.

Continues to fail to meet the maintenance obligation under s. 22, para. 3;

C.

Does not restore the said thing in the prior condition within a reasonable period of time, if it has carried out a renovation or an amendment under s. 22 A Without the written consent of the lessor.

¹ The stronger thing must be done in the state where it is at the end of the lease.

² Unless otherwise agreed, the farmer may request, at the end of the lease, a fair compensation for the improvements that he has made to the leased thing with the agreement of the lessor.

³ He is not entitled to any compensation for improvements that are solely the result of the care he owed.

⁴ It must compensate the lessor for the damage that it could have prevented by a diligent administration.

¹ The farmer is not entitled to the fruits still outstanding at the end of the lease, unless the lease or local use provides for a different regime.

² On the other hand, it can claim a fair compensation for its costs.

¹ The outgoing farmer must leave on site, forage, bedding and fertilizer in the last year, to the extent required by a normal operation, unless the lease or local use provides for a different regime.

² If he or she received less at the time of his or her enjoyment, he is entitled to an allowance for the excess; if he has received more, he or she must replace what is missing or compensate for the capital value.

The lessor has, for the guarantee of the last year and the current year, the same right of retention as in the case of rent lease on commercial premises.

¹ Where a party to the lease gives leave to the other, the latter may bring an action for an extension of the lease within three months after the day on which the leave is received.

² If the fixed-term contract expires and no new contract is concluded, each party may bring an action for an extension of the lease no later than nine months before the lease expires.

¹ Where the continuation of the lease can reasonably be imposed on the defendant, the judge shall extend the lease.

² If the termination is done by the lessor, the lessor must establish that the extension of the lease cannot reasonably be imposed on the lessor, or that, for other reasons, it is not warranted. The extension of the lease is, inter alia, intolerable or unjustified, where:

A.

The farmer has seriously neglected his legal or treaty duties;

B.

The farmer is insolvent;

C. ¹

The lessor itself, its spouse, registered partner, or close relative or ally intends to make personal use of the leased thing;

D.

The maintenance of the business is not justified;

E. ²

The leased object is situated in part in an area to be built within the meaning of s. 15 of the Act of 22 June 1979 on land use planning ³ For real property that is not included in the scope of the LDFR ⁴ As well as for the non-agricultural part of the real property within the meaning of s. 2, para. 2, LDFR.

³ The decision of the authority fixing the decking should never prevent the continuation of the lease.

⁴ The judge extends the lease from three to six years. It appreciates the personal situations and takes into account in particular the nature of the strengthened thing and the possible reduction of the term of the lease.

By extending the lease, the judge may, at the request of one of the parties, adapt the terms of the contract to the new circumstances.

Except as otherwise provided by law, the farmer shall not give up in advance the rights conferred on him or his heirs by the provisions of this Chapter. Any derogatory agreement is void.

¹ Stowage may consist of either cash or a share of the fruit (metayage) or another in-kind benefit. The rights of the lessor to the fruit in the metayage shall be settled by local use, if it is not otherwise agreed.

² The farmer must pay an incidental expense, unless otherwise agreed.

¹ Stowage shall be subject to the control of the authority; it shall not exceed the lawful measure.

² The Federal Council determines the percentage of the performance value, the indemnification of the lessor's expenses and the general benefit supplement.

³ Benefits in kind and other agreed benefits are charged to the tie.

⁴ In order to fix the tie, account is taken of the rents paid by the farmer to the lessor for a leased thing or a non-agricultural leased thing that is related to a predominant farm lease.

The closing of a farm business includes:

A. ¹

An appropriate percentage of the performance value within the meaning of s. 10 of the LDFR ² ;

B.

Indemnification of the lessor's average expenses for accommodation and facilities (lessor's expenses).

¹ The closing of an agricultural building includes:

A.

An appropriate percentage of the performance value within the meaning of s. 6 of the Federal Act of 12 December 1940 on the de-indebtedness of agricultural fields ¹ ;

B.

Indemnification of the lessor's average expenses for accommodation and facilities (lessor's expenses);

C.

A supplement for the general benefits provided to the farmer by the complementary firm.

² The cantonal authority may, in the present case, grant a supplement of up to 15 % because of the report of the building with the operation itself, when the building:

A.

Allows for better grouping of land;

B.

Is well situated for the operation of the business.

³ No supplement within the meaning of paras. 1, let. C, and 2 is granted for agricultural buildings.

The provisions establishing measures against abuse in the rental sector apply to the calculation of rents of leased things and non-agricultural leased things that are related to a predominant farm lease.

¹ The Federal Council sets the percentage of the yield value according to the average rate of first-rank mortgages on an average of several years and adapts it to the sustainable variations of that rate.

² ... ¹

³ The Federal Council shall determine the amount of the lessor's expenses taken into account on the basis of the average charges for the reference period used to estimate the yield value.

Where the parties agree to extend the term of the lease by at least three years beyond the term of the legal extension, a 15 % surcharge will be permitted for the duration of the extension.

¹ The closure of a business shall be subject to the approval of the authority.

² The lessor must apply for the approval of the decking within three months of the entry into force of the leased thing or from the agreement amending the ferage concluded with the farmer. The adjustment of the fermage within the limits of the modification of the calculation elements fixed by the Federal Council is not subject to approval. At the request of a party, the cantonal authority notes the extent to which the fermage can be adapted.

³ If the cantonal authority learns that a fermage has not been approved, it opens the approval procedure.

¹ The cantonal authority may lodge an opposition against the decking agreed for a building.

² The opposition must be lodged within three months from the day on which the authority became aware of the conclusion of the lease or the adaptation of the decking, but not later than two years after the entry into force of the leased thing or after the adaptation Of the fermage. ¹

¹ The cantonal authority shall decide whether the arrangement agreed to for the undertaking or the building is lawful.

² It brings the fermage too high to the licit amount.

³ It shall notify the parties of its decision and communicate it to the authority which has standing to form an opposition.

¹ The fermage agreement is void to the extent that it exceeds the legal amount.

² Fermages paid pursuant to a null agreement may be repeated within one year of the final fixation of the tie, but no later than five years from the date of payment.

³ The validity of the lease is not affected by the nullity of the covenant.

The parties may not waive their rights under this section in advance.

The cantons shall regulate the administrative procedure to the extent that this Law does not provide otherwise; the Code of Civil Procedure of 19 December 2008 ² Applies to civil claims.

¹ At the request of a party with a legitimate interest, the competent administrative authority on the merits shall determine whether the reduction of the term of the lease, the consolidation by parcel, the additional strengthening or the amount of the Be approved or authorized.

² The party may request a finding before the lease is entered into.

¹ Decisions of the administrative authority of first instance may be referred within 30 days to the cantonal appeal authority.

² The appeal authority shall notify the parties to the contract and the opponent of its decision; it shall also communicate it to the lower authority.

The parties must provide the competent administrative authority with the requested information and allow it to read the documents and make local views as long as it is necessary to grant a Authorization or render a decision on objection, on appeal or in recognition.

The cantons designate:

A.

The appropriate authorities to grant approvals and authorizations;

B.

The authority that has standing to form an opposition;

C.

The appeal authority.

¹ Cantonal acts based on this Law shall be brought to the attention of the Federal Department of Justice and Police. ¹

² The cantons shall adapt their implementing provisions and the organisation of their authorities before the entry into force of this Law.

³ The provisions of the cantonal law contrary to this Law shall be repealed on the date of its entry into force.

1. To 3. ... ¹

4. Federal Act of December 21, 1960 ² On the control of agricultural land is repealed.

¹ With the exception of the provisions on the term of the lease, the consolidation by parcel and the complementary leasing, this Law shall apply to leases which have been concluded or renewed prior to its entry into force. The term of the renewal of a lease after the coming into force of this Act is governed by the new Act.

² If the date on which the farmer entered the leased property can no longer be determined, the lease is deemed to have commenced at the end of the spring of 1973 provided for by local use.

³ If the leave is granted prior to the entry into force of this Act and the term of leave coincides with that entry into force or falls later, the affected party may still bring an action for an extension of the lease within 30 days after the date of the entry into force of this Act. The coming into force of this Act.

⁴ The pending actions and applications will be judged according to the law in force at the time of the judgment or decision.

¹ Contracts relating to the farm lease of an agricultural undertaking no longer meet the minimum size requirements of a business (s. 1, para. 1, let. (b) retain their validity as such during the term of the legal lease or a longer contractual term or during the term of a long term lease.

² Where such a lease is terminated at the end of the term of the lease and the farmer requests the extension, the lessor's intention to use the land by land does not preclude the possibility that the farmer may reasonably be required to extend the lease Strengthening.

¹ Contracts for the on-farm lease of buildings allocated to agriculture that is fully located in an area to be constructed within the meaning of s. 15 of the Act of 22 June 1979 on land use planning ² Shall remain subject to this Law during the term of the legal lease or, if it is longer, the contractual or extended period judicially extended.

² The contracts for on-farm lease of agricultural undertakings no longer meet the minimum size requirements of an agricultural undertaking (s. 1, para. 1, let. (b) retain their validity as such during the term of the legal lease or, if it is longer, the contractual or prolonged period judicially.

¹ This Act is subject to an optional referendum.

² The Federal Council shall fix the date of entry into force.