Nullity of the notification of the unilateral modification of the lease agreement concerning ancillary costs

Facts

The dispute opposes X., the tenant, to [Y.], the landlord. On May 26, 2008, [Y.] notified X. of a unilateral modification of the lease agreement, aimed at separately invoicing certain ancillary costs previously included in the rent. X. contested this modification, considering that it was not sufficiently justified. The Court of Appeal upheld X.'s request and declared the notification of the modification null and void. [Y.] then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed Y.'s appeal and confirmed the nullity of the notification of the unilateral modification of the lease agreement.

Pursuant to Art. 269d CO, the landlord who wishes to modify the regime of ancillary costs during the lease, by separately invoicing costs previously included in the rent or by introducing new costs, must comply with requirements of form and justification. The notification must be made using an official form approved by the canton and indicate the reasons for the modification in a precise manner.

In this case, the notification of May 26, 2008 did not allow the tenant to understand the exact scope of the modification, in particular whether it implied a rent increase or the introduction of new costs. The simple indication of an annual provision of CHF 1,728 and the proportional reduction of the…