The decommodifying capacity of tenancy law: comparative analysis of tenants’ and landlords’ rights in Austria, Germany, and Switzerland

Abstract

Tenants all over the globe face the challenges of increasing rents and even forced evictions, particularly in the private urban rental sector. Affordable housing shortage and displacement have become severe societal problems for the lower- and middle-income segments. Certain legal institutions, including tenancy law, provide a decommodifying capacity for more tenure security and stability. This paper studies this capacity of tenancy law by comparatively examining the tenants’ and landlords’ rights in Austria, Germany, and Switzerland through the lens of decommodification. The focus is (1) on the rules of access to housing for new residents entering the housing market and (2) the rules of exit that govern the ability of the occupants to continue living in their apartments. Findings show that while tenants’ rights in Switzerland are weakly protected by law, tenants in Austria and Germany receive robust protection. Austrian and German tenants cannot be evicted at short notice, nor are landlords allowed to dismiss them unless they declare legitimate self-usage. Also, tenants remain protected from arbitrary rent increases in case of rental upgrading. Conclusions help practitioners to consider tenancy law as an influential way to counteract the market-driven dynamics in housing and to enhance the protective capacity within renting property.