Abusive rents: the Federal Council rejects the initiative and announces a counter-proposal

On 25 September 2026, the Federal Council rejects the popular initiative « Oui à la protection contre les loyers abusifs (initiative sur les loyers) ». It announces an indirect counter-proposal. This decision does not set a new rent. It does not bring any statute into force.

What is rejected

The rejection concerns the initiative. The Federal Council does not take up the control it asks for. It considers that control very costly. It fears a fall in investment in construction. It does not see effective protection in it.

It recognises that the current rules are complex. They are sometimes not very transparent.

This decision of the Federal Council is not a vote of Parliament. The people have not voted.

What the initiative asked for

The initiative was filed on 23 June 2026. The committee is the Swiss Tenants' Association, in Bern. The successful collection was established on 13 August 2026. There are 108,437 valid signatures out of 110,577.

It seeks to write two rules into the Federal Constitution. This is a draft of article 109 paragraphs 1bis and 1ter.

A rent would be abusive if it exceeds actual costs plus an appropriate return. It would also be abusive if it results from an excessive purchase price.

It asks for an automatic and regular review. That review could also take place at the tenant's request.

This draft is not in force. It is the initiative's demand.

What the counter-proposal sketches

The announced counter-proposal is indirect. It does not take up that constitutional text. The Federal Department of Economic Affairs, Education and Research (EAER) is drafting a project. That project is not the message to Parliament. No new statute is in force.

The counter-proposal would provide a statistical comparative rent for the initial rent. It would provide indexation during the lease.

The timetable

• 23 June 2026: filing of the initiative.
• 13 August 2026: successful collection, established by the Federal Chancellery.
• 25 September 2026: rejection by the Federal Council and announcement of the indirect counter-proposal.
• First half of 2027: consultation on this counter-proposal.
• End of 2027: message to Parliament.

These last two steps concern the counter-proposal. They are not the ordinance track. Parliament has not decided.

The OBLF track, set apart

On the same day, a consultation covers the ordinance on the lease of dwellings and commercial premises (OBLF). It is tied to motion 22.4448 Engler.

The point is the admissible net return when the reference rate exceeds 2%. The adjustment would be limited to the targeted net return. The path for reducing the supplement would be a little steeper.

The EAER must present this revision by April 2027. This track is not the counter-proposal. The revised OBLF is not in force.

What this decision does not change for a current lease

The rent under a current lease does not change on 25 September 2026. The contract remains the contract. Rent notices follow the rules already in force.

The Constitution is not amended. Notice and the tenant's protection remain those of the law in force.

No numerical range has been decided. No four-year freeze has been decided. The reference rate is not abolished.

A dispute is judged on the contract and the papers. This announcement does not decide a case.

Frequently asked questions

• Does the rent change on 25 September 2026? No. That date is the Federal Council's decision. It does not change the rent under a current lease.
• Is the draft of article 109 in force? No. Paragraphs 1bis and 1ter remain a demand of the initiative.
• Is a statute already ready? No. The EAER is drafting a project. The message to Parliament is announced for the end of 2027.
• Have a numerical range, a four-year freeze, or the end of the reference rate been decided? No. The sketch speaks of a statistical comparative rent for the initial rent, and of indexation during the lease.
• Is the OBLF track the counter-proposal? No. It is a separate consultation, linked to motion 22.4448 Engler. The revised ordinance is not in force.
• Has Parliament decided? No.

Avocados AI's Basic plan costs CHF 4.99 a month, the price of a coffee. It is there to organise the contract and the rent notices, and to prepare the questions. It does not replace a lawyer's review of the file. The Swiss tenancy guide sets out the framework of rent, notice and the tenant's protection.

Sources

Press release of 25 September 2026. Federal Gazette, FF 2025 1663 and FF 2026 2163. Federal Chancellery, successful collection established on 13 August 2026. Checked on 24 October 2026. Only the official publication is authoritative.