Real Estate Litigation
Our experienced real estate litigators advise you on property litigation risk avoidance. If necessary, we act for you on the full range of property disputes, in particular in the areas of construction disputes and landlord-tenant conflicts.
Advisory specialisations
- Risk avoidance strategies in transactions and project development
- Real estate litigation matters, particular in the areas of construction disputes and landlord-tenant conflicts, supporting commercial entities and high net worth individuals, landlords and tenants, developers, owners of property assets, property institutions, financial institutions, hoteliers, retailers, manufacturers and insolvency practitioners
- Statutory mortgage right of tradesmen and building contractors
- Making or defending claims under environmental provisions in transactional documents (e.g. environmental warranties and indemnities)
- Enforcement of landlord’s obligations to provide services and disputes as to service charge recovery
- Repairs (interim and terminal schedules)
- Rent increases and rent reductions (e.g. in case of renovation works/nuisances)
- Lease termination (break notices and notices to quit)
- Challenge of termination and/or extension of rental relationship
- Security of tenure: dealing with strategy and proceedings in relation to contested and non-contested renewals
- Tenant disturbance (breach of quiet enjoyment/ nuisance)
- Insolvency: liquidation, administration and receivership of landlords, tenants and sub-tenants
Other relevant areas
Real Estate M&A | Structuring | Project Development | Rental & Lease Agreements | Real Estate Finance
“Effective face to face discussions in order to analyse legal situations and opportunities and share possible options”
Publications
Real Estate Laws and Regulations Switzerland
ICLG | Real Estate Laws and Regulations Switzerland 2025- EN
Legal 500: Real Estate Comparative Guide
Legal 500 Country Comparative Guides 2025-2026 – Switzerland: Real Estate- EN
Legal 500 Country Comparative Guides 2024-2025 – Switzerland: Real Estate
The Legal 500 Country Comparative Guides 2024, 2024 Legalease Ltd, December 2024- EN
Neuer Schub für das Energiespar-Contracting
IMMO'23 Magazin DEU, S. 92, 12. Dezember 2022- DE
- Cosima Trabichet-Castan
- Wolfgang Müller
Firm News
MLL Legal ranked in Leaders League Switzerland 2023
News Portal
What’s Next for Swiss Construction? – Legal and Market Perspectives for 2025
Switzerland’s construction sector is shaped by a well-defined legal framework and a complex mix of private and public law obligations. In the Legal 500 Country Comparative Guides: Construction – Switzerland 2025, MLL Legal provides an in-depth overview of the legal and regulatory landscape, covering key areas such as project financing, permitting, liability, standard contracts, and dispute resolution. The guide also explores current challenges and opportunities in the Swiss market, including sustainability trends, digital transformation, and the evolving impact of material costs and supply chain constraints.
More
The Basel III reforms and their impact on the mortgage sector
In November 2023, the Swiss Federal Council adopted amendments to the Ordinance on the Capital Adequacy and Risk Diversification of Banks and Securities Firms (CAO; RS 952.03) that incorporate the final Basel III standards into Swiss law. These reforms will come into force on 1st January 2025 and will bring changes to the mortgage lending sector. In particular, there will be new classes of positions and increased capital requirements, weighted according to the risks presented by the financing transaction, depending on the type of property and its use.
More
Act on the Transparency of Legal Entities
On 22 May 2024 the Federal Council adopted the dispatch on the new Transparency Act for Legal Entities to be submitted to the Swiss parliament. The bill introduces a new federal register of beneficial owners of legal entities as well as new due diligence duties for risky activities in the legal profession, following the purpose of enhancing effectiveness of the Swiss framework for combating money laundering and terrorist financing. Furthermore, the bill aims compliance with international standards set by the Financial Action Task Force (FATF).
More
The new Limited Qualified Investor Fund (L-QIF) – What is it and who is it for?
Following our recent newsletter contributions on this topic, please be informed about key developments regarding a new structuring option for collective investment schemes (funds) in Switzerland, the so-called «L-QIF«, that offers attractive opportunities, in particular for banks, pension funds, and Swiss-based family offices.
More
Draft Amendment to the Federal Law on Second Homes (Lex Weber)
On 3 November 2022, the Environment, Spatial planning, and Energy Committees of the National Council (ESPEC/NC) presented a preliminary draft amendment to the Federal Act on Second Homes of March 20, 2015 (SHA, RS 702) to relax the conditions for the expansion, conversion or reconstruction of buildings erected under the old law, i.e., before 11 March 2012, in municipalities with a rate of second homes that exceeds 20 percent.1
Only article 11 of the SHA is affected by this draft, without affecting other articles of the law or the ordinance.
The consultation runs until 17 February 2023.
If adopted, this revision of the SHA is good news for owners of buildings erected under the old law, in municipalities with more than 20% second homes, as they will have more freedom to modify their properties.
MoreUpdate Your Browser
This website cannot be displayed correctly because you are using Internet Explorer. For optimal viewing and security, please use Chrome, Firefox or Edge.
