Synopsis of main reforms
The new Liechtenstein rental and lease law with the separate provision for rental and lease contracts [§ 1090 Art 1 - 109 ABGB - Liechtenstein General Civil Code] enters into force on 1 January 2017. In principle, the provision for non-agricultural lease contracts is the same as for rental contracts. The new provision of § 1090 Art 1 et seqq. ABGB is based on the Swiss Code of Obligations, whereas the revision of the procedure for disputes relating to tenancy and leasehold rights [§§ 560 et seqq. ZPO (Code of Civil Procedure)] continues to be based on the Austrian legal position.
Essentially, an extension of protection against unlawful rents and other unlawful claims by the lessor to rents for commercial property has been enacted. A new feature is the contestability of improper or vexatious notices of termination for residential and commercial property. Likewise, the coverage provisions for terminated rental relationships in respect to residential and commercial property have been extended. Incidental costs, payment default and protection against eviction are other key points. Issues such as unlawful rents, appeals against initial rents or the lodging and availability of rent deposits have also been taken into account. Incidental costs must be explicitly specified. From now on, only actual expenses can still be billed. From 2017 a savings account must be opened for the deposit as a type of blocked account, which must be in the tenant’s name. In future, a maximum of three monthly rents can be demanded. However, this can be freely agreed for commercial property.