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
Neuer Schub für das Energiespar-Contracting
IMMO'23 Magazin DEU, S. 92, 12. Dezember 2022- DE
Real Estate 2022 – Switzerland
The Legal 500 Country Comparative Guides 2022, Legalease Ltd, 1 December 2022- EN
- Wolfgang Müller
- Cosima Trabichet-Castan
- Jacques Johner
- Laure-Lye Pillonel
Les grands travaux dans la propriété par étages
ARPPE – Alliance Romande des Propriétés Par Etages, Newsletter 02 - Deuxième semestre 2021- FR
Real Estate 2021 – Switzerland
The Legal 500 Country Comparative Guides 2021, 2021 Legalease Ltd., 3 December 2021- EN
- Wolfgang Müller
- Cosima Trabichet-Castan
- Denise Läubli
- Laure-Lye Pillonel
Firm News
MLL Legal ranked in Leaders League Switzerland 2023
News Portal
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.
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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.
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The Duty of Due Diligence under the Responsible Business Initiative – a Change-Maker?
On 29 November 2020 Swiss citizens will vote on the Responsible Business Initiative (Initiative pour des multinationales responsables / Konzernverantwortungsinitiative).
The Responsible Business Initiative (the Initiative) proposes a new due diligence obligation for Swiss-based large companies as well as a liability provision to hold them accountable for human rights and environmental violations made abroad by controlled companies.
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Responsible Business Initiative – a Change-Maker for Corporate Liability?
On 29 November 2020 Swiss citizens will vote on the Responsible Business Initiative (Initiative pour des multinationales responsables/ Konzernverantwortungsinitiative).
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Effects of the officially ordered closure of shops/restaurants/etc. on existing leases
The obligation imposed by the Federal Council to close publicly accessible facilities to the public leads to a de facto closure of operations for various companies in a wide range of sectors. For both, the tenants concerned and their landlords, the question arises as to whether this closure ordered by the authorities will affect the existing rental agreement.
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