Reduction of the chargeable housing costs of a debtor with a long-term rental contract

Facts

The case concerns a debtor named [Z.], whose income is subject to garnishment. The debt collection office A. reduced the rent to be considered in the calculation of the minimum subsistence level from CHF 2,850 to CHF 800, effective from October 1, 2003. [Z.] filed a complaint against this decision, which was dismissed by the supervisory authority for debt collection and bankruptcy of the canton of Solothurn. Thereupon, [Z.] appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the principle that the debtor affected by wage garnishment must limit his living expenses and make do with the minimum subsistence level granted to him also applies to housing costs. The actual expenses incurred can only be fully taken into account if they correspond to the debtor's family situation and the customary local rates.

The debtor must be given the opportunity to adapt his housing costs to the conditions relevant for the calculation of the minimum subsistence level within a reasonable period of time. An excessive rent can generally be reduced to a normal level after the expiration of the next termination date, even if the debtor cannot be immediately forced to move to a cheaper apartment.

In the case of a long-term rental contract, it is incompatible with the debtor's obligation to keep housing costs as low as possible to wait until the next ordinary termination date if it would take an…