¹ According to this Law, the framework contract for rent leases (framework contract) is a convention by which associations of lessors and tenants jointly establish model provisions applicable to the conclusion, the object and the The expiration of rental housing leases and commercial premises.

² The framework contract may also contain other provisions relating to relationships between landlords and tenants, including the joint establishment of information and consultation bodies.

³ A framework contract may be concluded:

A.

For all Switzerland;

B.

For the territory of one or more cantons;

C.

For regions with at least 30,000 units or 10,000 commercial premises.

The framework contract must be concluded in writing in the official languages of the territory in which it deploys its effects.

¹ At the request of all Contracting Parties, the Federal Council may authorise the derogation from mandatory provisions of the law of the lease where the framework contract:

A.

Is concluded by representative organisations which defend the interests of lessors or tenants;

B.

Provides tenants with protection that is at least equivalent to that of ordinary law against abusive rent, other abusive claims, and against terminations;

C.

Is in conformity with the mandatory provisions of federal and cantonal law.

² The following are considered representative organizations:

A.

Have been the principal advocates for the interests of donors or tenants for at least ten years, at least according to their statutes;

B.

Whose members account for at least 5 per cent of the lessors or lessees of the territory concerned or have concluded, directly or indirectly, ten per cent of the rent leases of the territory concerned.

³ The framework contract cannot, however, derogate from the following Articles of the Code of Obligations ¹ :

A.

266 L At 266 O (form of termination);

B.

269 and 269 D (protection from abusive rent or other abusive claims);

C.

270 E (validity of the lease during the challenge procedure);

D.

271, 273, 1 ^Er , 4 ^E And 5 ^E Paragraphs, and 273 A , 1 ^Er Paragraph (protection from abusive terminations);

E.

274 to 274 G (authorities and procedure).

⁴ In addition, the framework contract:

A.

May not derogate from Article 270 of the Code of Obligations (protest of the initial rent) if the cantons concerned have declared the use of the official formula referred to in Article 269 to be mandatory D (art. 270, 2 ^E Al., CO);

B.

Cannot restrict the tenant's right to claim a reduction in rent (s. 270 A ) Or to challenge an increase in rent (s. 270 B ).

⁵ The Federal Council regulates the procedure for issuing the authorisation. It shall mean the cantons concerned.

¹ At the unanimous request of the parties, the framework contract may be declared as a general binding force. The declaration of mandatory general force may be of fixed or indefinite duration.

² The provisions relating to the settlement of disputes by arbitral tribunals cannot be declared as a general binding force.

¹ The provisions of the framework contract with a general binding force are mandatory in their field of application on account of the place and subject matter.

² The provisions of rent-to-rent leases contrary to a general compulsory framework contract shall be null and void unless they are more favourable to the tenant.

³ The null provisions are replaced by those of the framework contract.

The general compulsory force may be declared under the following conditions:

A.

The framework contract meets the requirements laid down in Article 3;

B.

Organisations representing lessors and tenants who are not parties to the framework contract have not expressly opposed the declaration of general binding force in the consultation procedure (Art. 10), after being admitted to contract negotiations;

C.

The parties to the framework contract demonstrate that the declaration of mandatory force is in the public interest and, in particular, serves to promote peace in housing.

¹ Where the framework contract applies to several cantons, the declaration of general binding force is within the competence of the Federal Council.

² Where the framework contract applies to a canton or part thereof, the declaration of general binding force is the competence of the canton.

¹ In order to obtain a declaration of general binding force, the contracting parties must submit to the competent authority a joint, written and duly substantiated request. The provisions to be declared compulsory general force are attached to the request in the official languages of the territory concerned.

² The query indicates:

A.

The scope of application due to the location and subject matter;

B.

The effective date and duration of the mandatory declaration of force;

C.

The necessary data on the conditions prescribed by Articles 3 and 6.

¹ The request shall be published by the competent authority, unless it is manifestly unfounded. Publication in the official languages determined in accordance with Article 8 shall be made in the Official Swiss Trade Sheet, in the official sheets of the cantons concerned, as well as in the bodies of the donor organisations and Tenants. It must also be reported in the main newspapers of the territory concerned.

² The authority sets a deadline of 60 days for interested parties to take a position.

¹ Any person concerned with the declaration of a general mandatory force may take a position in writing within the prescribed period.

² Before declaring the general compulsory force, the Federal Council shall consult the cantons concerned and the organisations of interested lessors and tenants who have not acceded to the framework contract. It may also invite other associations close to the donor and tenant organisations to take a position.

³ Before declaring the general compulsory force, the competent cantonal authority shall consult the organisations of interested lessors and tenants who have not acceded to the framework contract. It may also invite other associations close to the donor and tenant organisations to take a position.

¹ Where the competent authority considers that the conditions of the general mandatory declaration of force are fulfilled, it shall determine the scope of application on account of the place and subject matter. It sets the date of entry into force and the duration of the mandatory declaration of force.

² The decision on the declaration of binding force shall be notified in writing to the Contracting Parties.

³ Mandatory General Force declarations issued by the Federal Council and the provisions of mandatory mandatory framework contracts are published in full in the Federal Worksheet. Publication shall be reported in the sheets, organs and newspapers in accordance with Article 9.

⁴ The cantonal declarations of compulsory general force and the provisions of a framework contract declared compulsory general force shall, after their approval, be published in full in the official sheet of the canton concerned. Publication shall be reported in the organs and newspapers in accordance with Article 9.

¹ Cantonal declarations of general binding force must be submitted for approval by the Confederation. The requirements of Article 7 A The Law on the Organization of Administration ¹ Apply to the procedure.

² Approval is given when the conditions of the mandatory general binding declaration are met and the procedure has been carried out on a regular basis.

³ The approval decision shall be notified in writing to the canton and to the contracting parties; it shall be duly substantiated.

⁴ If it later appears that the conditions of the mandatory general force declaration are not met or are no longer met, the Federal Council revoked the approval.

¹ The costs relating to the publication of the request and of the decision as well as the other possible costs shall be borne by the Contracting Parties, who shall jointly and severally reply to it.

² Once the procedure is closed, the competent authority shall allocate the costs between the contracting parties. Decisions on costs entered into force are treated as binding judgments of the courts within the meaning of section 80 of the Federal Law on the Prosecution of Debts and Bankruptcy ¹ .

¹ The declaration of general mandatory force shall be repealed by the competent authority:

A.

On the request of all Contracting Parties;

B.

Ex officio when the conditions of the mandatory general force declaration are not met or are no longer fulfilled;

C.

Ex officio in the event of early termination of the framework contract declared compulsory general force.

² The declaration of mandatory general force shall lapse:

A.

On the expiry of the time limit, where the general compulsory force had been declared for a specified period;

B.

On expiry of the period of validity of the declared compulsory framework contract.

³ Article 11, 2 ^E , 3 ^E And 4 ^E Paragraphs, shall apply mutatis mutandis to the repeal and caducity of the declaration of general binding force.

Articles 6 to 14 shall apply mutatis mutandis where:

A.

Declared provisions of general compulsory force are amended or the general compulsory force is conferred on new provisions;

B.

The term of the general compulsory force is extended or the declaration of general compulsory force is partially repealed.

The Federal Council shall issue the implementing provisions.

Federal Judicial Organization Act ¹ Is amended as follows:

Art. 99, let. A ^Bis

... ²

¹ This Act is subject to an optional referendum.

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