Music and law: Being cold in the classroom to avoid a lack of energy?

Yvette Kovacs, Doctor of Law, SSPM legal advisor and attorney-at-law in Zurich, answers questions from SSPM members.

Question from an SSPM member: My landlady is calling for electricity savings to avoid an energy shortage in Switzerland. She now prescribes a room temperature of 18° in my classroom, and recently turned up unannounced to check the temperature. Does she have the right to do this?

Dr. Kovacs: 1. The rights and obligations of tenants and landlords are defined in articles 253 et seq. of the Swiss Code of Obligations (CO) and the related ordinance. In particular, it is stipulated that the parties to the lease are mutually obliged to show consideration and treat the leased property with care. In particular, the leased object must be handed over and maintained in a condition suitable for its use, including normal room temperature. However, there is no rule setting a precise minimum or maximum temperature. However, guideline values have been established in practice for various living areas and are listed on the energieschweiz.ch website:

For living rooms, the temperature should be at least 20°. The same applies to classrooms.

Insofar as the existing rental contract does not provide for any other agreement, the CO and the corresponding ordinance do not allow us to deduce a direct and legally enforceable obligation to save resources, even though the respectful and responsible use of resources is always in the interests of all parties concerned.

If the indicative temperature values are not reached, this may be a breach of the lease. In such cases, the tenant is in principle entitled to a rent reduction. The amount of the reduction depends on the individual case and is left to the discretion of the judge. In some cases, a rent reduction of 10 to 20 % has been granted when the minimum temperature was not reached by a few degrees.

2) Public laws and ordinances designed to protect national supplies (National Supply Act LVG) take precedence over tenancy law.

Article 32 of the GVG can be used as a basis for measures to be taken in the event of a serious shortage. The Federal Council has not yet declared an imminent electricity shortage. However, an ordinance has been drafted and is ready to enter into force in the event of an emergency. The draft ordinance contains all the measures possible in the event of a severe shortage. This does not mean that they will all be implemented in the event of a shortage. In particular, it is planned to limit heating of indoor spaces to 20 degrees. This value corresponds to the minimum value already applied today in tenancy law.

How will the bans be monitored? The provision is based on the fact that the vast majority of the population respects the law. Monitoring and criminal prosecution are the responsibility of the cantons. The LVG does not provide a basis for fines. Infringements of the provisions are regarded as offences and can be dealt with by the public prosecutor's office by means of a criminal order. However, there is no provision for monitoring compliance by private individuals, particularly landlords.

3) In conclusion, the lessor must guarantee a minimum temperature of 20° in the classrooms. The lessor has no right to introduce lower temperatures, and even less to impose them through arbitrary inspection visits.