Contesting a Lease Termination in the Canton of Vaud

Step 1: The Conciliation Commission

30-Day Deadline

Art. 273 para. 1 CO: petition the conciliation authority within 30 days of receiving the termination notice. Strict and non-extendable. Missing it means definitive loss of the right to contest and request extension.

Territorial Jurisdiction

In Canton of Vaud, the competent commission is that of the district where the property is located (art. 4 LVDB).

Filing the Request

Written or oral at the commission's registry. Must contain: party identities, property address, copy of the termination notice, grounds for contestation.

Hearing

Parties are summoned within a reasonable time (usually weeks). Free for disputes up to CHF 5,000 (art. 113 para. 2 let. c CPC). Informal, aimed at finding agreement. The commission may issue a judgment proposal (art. 210 CPC) for disputes up to CHF 2,000, which becomes binding if no party objects within 20 days.

Authorisation to Proceed

If conciliation fails, the commission issues an authorisation to proceed (art. 209 CPC).

Step 2: The Rental Tribunal

30-Day Deadline

The tenant must file with the Rental Tribunal within 30 days of the authorisation to proceed (art. 209 para. 3 CPC).

The Vaud Rental Tribunal

A specialised tribunal within the Cantonal Court, sitting in Lausanne. Composed of a professional judge and two assessors (landlord and tenant representatives).

Procedure

Simplified procedure (art. 243 et seq. CPC). Parties may appear without a lawyer. Oral proceedings. Modest costs. Free for disputes up to CHF 5,000.

Grounds for Contestation

Annulment (art. 271-271a CO): abusive termination (retaliatory, during proceedings, no legitimate ground).

Extension (art. 272 CO): even if valid, up to four years for residential leases (art. 272b para. 1 CO). Court considers age, health, lease duration, housing market.

Appeals

Judgment may be appealed to the Vaud Cantonal Court (Civil Appeal Division) within 30 days (art. 311 CPC). Then Federal Supreme Court (art. 72 et seq. LTF).