Facts
In 1976, spouses A.W. and B.W. (the claimants) were hired as building concierges by several real estate companies (the defendant). In this context, they were able to use a 4-room service apartment. In 1992, B.W. became completely incapable of working, and in 2001, A.W. also became incapable of working. The defendant then established a rental lease contract for the same apartment, with a rent set at 15,600 francs per year from November 1, 2001.
The claimants contested this new rent before the Conciliation Commission on Tenancy Matters on October 24, 2001, i.e., 49 days after receiving the official notice of rent setting on August 8, 2001. The Cantonal Court annulled the judgment of the lower court and set the rent at 15,600 francs per year, considering that the request for contestation was late.
Considerations
The Federal Tribunal partially upheld the claimants' appeal. It first considered that the contract concluded in 1976 was a mixed contract, combining an employment contract (for the concierge activity) and a lease contract (for the use of the housing). The initial rent was therefore the one set at the conclusion of this mixed contract in 1976.
Regarding the time limit for contesting a rent increase, the Federal Tribunal ruled that it is a preclusive time limit that the judge must examine ex officio. Thus,…