Tenancy law: rights and duties in a rented apartment
Something broken, a change in rent or a dispute in the building? Comparis shows what applies under Swiss tenancy law, what you pay yourself and how to proceed.
Where are you right now?
Choose the starting point that matches your situation.
Who pays which costs
You fix minor defects such as a blocked sink trap yourself. The landlord pays for major repairs, unless you caused the damage. You only owe ancillary costs that are listed individually in the rental contract. Comparis shows when household contents or personal liability insurance pays.
Check your ancillary costs statement
Compare every item with the rental contract. The landlord may not charge anything that is not listed there individually. You have the right to inspect the receipts. If anything is unclear, do so before you pay a balance.
What you are allowed to do in your apartment
Subletting, a pet or a new wall colour: much of this needs the landlord’s consent. Subletting may only be refused for specific reasons. Otherwise, the rental contract and house rules apply. Small animals such as hamsters or ornamental fish are allowed in usual numbers.
Always get consent in writing
Whether subletting, a pet or alterations: get every consent in writing. Written form is mandatory for alterations. Also record whether you must restore the original condition when you move out. If the landlord consented without agreeing this in writing, they cannot demand it later.
When the rent changes
If the reference interest rate falls, you can request a reduction in writing, effective from the next termination date. Landlords rarely lower rent unprompted. An increase requires the official form and a justification. You can challenge it at the conciliation authority within 30 days.
Calculate and request a reduction
Use the rent calculator to check how much of a reduction you are entitled to. The landlord may offset increased costs and part of inflation. If the landlord does not reply within 30 days or refuses, contact the conciliation authority within a further 30 days.
Defects, disputes and termination
Report defects immediately, ideally in writing with photos. Late reports make you liable for consequential damage. Once the landlord knows about a defect, you can request a rent reduction until it is fixed. For disputes or a termination, contact the conciliation authority where the apartment is located.
Don’t simply withhold rent
If you pay less rent because of a defect on your own initiative, you risk falling into arrears and being given notice. It is safer to deposit the rent with the office designated by the canton. To do so, first set a reasonable deadline in writing for the repair and announce that you will deposit the rent. Then contact the conciliation authority within 30 days of the due date of the first deposited rent.
Frequently asked questions about tenancy law
Only when necessary, for example for repairs, a sale or re-letting. The landlord must announce the visit in good time. The landlord may not enter on their own initiative, except in a genuine emergency such as a burst pipe.
In principle on any termination date, with at least three months’ notice and on the official form. For a family home, the landlord must send the notice separately to both spouses or registered partners. No reason is required, but the landlord must give one on request. Within 30 days, you can challenge the termination at the conciliation authority or request an extension of the tenancy. The guide to extraordinary termination explains when earlier termination is possible.
The conciliation authority where the apartment is located. The procedure is free of charge, and the authority also gives advice outside of proceedings. Legal advice is also available from the tenants’ association for members and from legal protection insurers.