It is a dream that many still harbor. The dream of owning your own home – ideally designed according to your own wishes and ideas. During the planning phase of a new building, some people ask themselves whether a separate apartment should be integrated. This article sheds light on the legal aspects that need to be taken into account when renting one.
Oxana Staub – October 29,
What is a granny flat?
A granny flat is a self-contained residential unit in a single-family home with its own entrance and separate address. This type of apartment can be used in many ways, for example for family members who want a little more privacy, students or as a holiday apartment. Basically, a distinction can be made between renting to private individuals and companies, i.e. commercial renting. Before planning, it is important to clarify with the municipality whether a granny flat complies with the zoning and usage regulations. Compliance with building regulations is essential.
Rental purpose and legal aspects
Before you rent out a granny flat, you should be clear about the purpose of the rental: Should the apartment be rented out as a holiday apartment, commercially or privately? Depending on the type of rental, different legal regulations apply. You should also be well informed about your obligations as a landlord, as renting involves a certain amount of effort.
When looking for a suitable tenant, you should not only rely on your gut feeling, but also request an extract from your criminal record and debt collection register. When handing over the apartment, it is also important to create a detailed protocol. You can find templates for this at the homeowners association, for example. A detailed protocol also makes the inspection of the apartment easier, during which one should also be drawn up and signed by both parties. This protocol serves as an acknowledgment of guilt for the landlord in the event of a legal dispute.
Support and protection
Registering with the homeowners association can make renting out the granny flat easier, as there are numerous templates that you can benefit from as a member. It is also advisable to take out legal protection insurance with additional cover for landlords. In the event of a legal dispute, the insurance company will protect your interests and act on your behalf.
Legal regulations when renting to private individuals
There are also a few legal things to consider when renting to private individuals. In principle, a rental agreement is not bound to any formal requirements and can also be concluded verbally. Anyone who receives the keys, moves them in and pays rent is legally considered a tenant – with all legal rights and obligations (Art. 266-266o OR).
Although a rental agreement can be concluded verbally, we strongly recommend that you always create a written contract and have it signed by both parties. A written rental agreement creates clarity. In some cantons, such as Zurich, forms are required. This means that the tenant must be informed of the previous tenant’s rent on an official form when the contract is concluded, even if no written contract has been concluded.
The landlord is also obliged to hand over the apartment at the agreed time in a condition suitable for the intended use and to maintain it. If the tenant notifies the landlord in writing of defects that do not fall under the small maintenance amount, the landlord is obliged to correct them. The tenant, in turn, is obliged to pay the rent on time. In the event of late payment, the landlord can give the tenant a written notice of 30 days and can terminate the rental agreement to the end of the coming month if the deadline is not used. Before taking this step, however, we recommend seeking a personal conversation and finding a solution together.
Think about the additional costs early on
An often discussed point is the additional costs. When drawing up the rental agreement, you should specify which additional costs will be billed separately. All additional costs not listed in the contract are considered included in the net rent and may not be billed separately. If additional additional costs arise later, the net rent must be adjusted accordingly. Separate meters for additional costs should be considered when the granny flat is being built.
Before you rent out a granny flat, we recommend that you thoroughly inform yourself about the rental law regulations in order to get an overview of your tasks and obligations. Even when renting within the family, it is advisable to conclude a written rental agreement in order to create clarity and to have a clear legal basis in the event of problems. If all of the points mentioned are taken into account, nothing stands in the way of successfully renting out your granny flat. ||
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