Berner Kommentar. Kommentar zum schweizerischen Privatrecht / Die Miete, Art. 260-266o OR

The present third volume on tenancy law deals with 24 provisions, Articles 260 to 266o of the Swiss Code of Obligations, which represent a core area of conflict resolution. It addresses the rights and obligations of landlords and tenants in connection with the specific issues of long-term contractual relationships.

Topics include, among others, renewals and modifications of the leased property by tenants or landlords, solutions in the event of a change of parties, the permissibility or prohibition of subletting, the transfer of rent, the return of the leased property, as well as the termination regulations for movable and immovable property, private residences or commercial spaces, furnished rooms, and more. Additional key terms from the extensive commentary catalog include bankruptcy and death of the tenant, various formal requirements and legal consequences in the event of terminations, as well as legal consequences for formal violations.

It is particularly noteworthy that all essential provisions include a critical assessment of case law. Insightful perspectives are provided by the comparative overview of the corresponding provisions in German, Austrian, French, and Italian tenancy law, which is presented at the beginning of the commentary.