Eviction protection office space

When the lease of an office space ends, the tenant must leave the premises. The office space must then be vacated by the tenant. However, under the law, the tenant is protected from immediate eviction. Eviction protection for office spaces can be as long as three years. Therefore, it is important for tenants and landlords to know what their rights and obligations are after the lease ends.

When do you rent office space?

Eviction protection applies only if the lease is for office space. According to the law, an office space is a built property (or part thereof) that is not a residential space or commercial space (middle market business space). ‘Office space’ is thus the residual category and includes offices, showrooms and distribution centers.

Eviction of business premises after termination

The landlord will accompany the termination of the lease with a notice to vacate on the termination date. By law, an eviction period of two months applies. This indicates that the tenant of office space enjoys eviction protection by operation of law (automatically). The eviction period can be extended at the tenant's request for a period of one year after the termination of the contract. This term can be extended two more times. Extension of eviction protection is granted through the application procedure requested from the cantonal court. The submission of the request suspends the obligation to proceed with eviction until the request has been decided. The request will only be granted if the tenant's interests would be more seriously harmed by the eviction than those of the landlord if the tenant continued to use the property. In addition, it must be an office space (also called ‘other business space’) and the reason for termination must not be related to default by the tenant. If the request for eviction protection is granted, the tenant must still continue to pay rent. The other rights and obligations under the lease also remain in effect. Finally, it is important to note that a rejected request cannot be appealed. appeal open.

The tenant does not enjoy eviction protection if he himself has terminated the lease or has been ordered to evict because of non-compliance of his obligations.

Lawyer eviction protection rental law

Eviction protection for office space allows tenants to continue using the office space long after the lease is terminated. Therefore, for the tenant who does not want to leave, requesting eviction protection is a convenient remedy. Even if the request is not granted, its suspensive effect already provides good protection. The rental law attorney at Lexys Lawyers acts for both tenants and landlords and can tell you more about eviction protection for office space.