To sign a rental contract means that the lessor has the obligation to available the tenant to use the accommodation. As a tenant, you are liable to pay the rent for it. (art. 253 CO).
The payment of the rent is the main characteristic of a rental contract. The rent and the advance payment of heating and incidental costs have to be paid in advance per month but not at the end of the month like most of bills. For example, the rent of May has to be paid at the end of April.
I have not paid my rent. What are my risks?
- Generally, I will receive one or two reminders and I have to pay reminder fees. However, the lessor is not obligated to send reminders.
- The lessor will apply for payment in written form or send the payment request by registered letter giving a delay of maximum 30 days.
- In the case, I will not pay within 30 days, the lessor can cancel the contract for the end of the month with a delay of 30 days. This is very short!
- The lessor can put me in pursuit and charge interest for late payment.
A termination of the lease contract due to a default of payment is very annoying. If I pay the rent after receiving the termination, the lessor can insist to cancel the contract and can oblige me to quit the accommodation. I may contest the termination at the arbitration committee. If the lessor has no goodwill, the termination of tenancy cannot be cancelled.
What happens if I refuse to go out?
The lessor can apply to the judge of rental court and ask for eviction by the police.
Conclusion
Infrequent lateness of rent payments could happen and are not that bad. If I do not pay my rent anymore, I will risk the termination of my lease contract and that I have to go out of my accommodation. Furthermore, a pursuit will be mentioned in my debt collection register.
And if I want to go out in any case?
If I want to rent an apartment, the lessor or the estate agency will request an excerpt from the debt collection register. In addition, they can ask to the actual lessor if I paid my rent on time. If the lessor has to provide negative information, I risk not to find any accommodation!
