Rent increase when a tenant changes: is that allowed?
A change of tenant – and suddenly the rent goes up? Find out whether an increase is permissible in Switzerland after a change of tenant – and when it is possible to contest the initial rent.
16.09.2026
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1. Is a rent increase permitted in Switzerland when there is a change of tenant?
In principle, the landlord may increase the rent after a change of tenant. However, as a tenant you can contest the initial rent within 30 days contest. The decisive factor is the handover of the flat. If the landlord submits the official form later, the date on which you receive the form counts.
The challenge is made to the relevant conciliation authority.
2. Is the landlord obliged to disclose the rent increase after a change of tenant?
In the cantons of Basel-Stadt, Bern, Fribourg, Geneva, Lucerne, Zug and Zurich there is a duty of disclosure (officially: duty to use a form). Here, landlords must disclose the previous and the new rent using the applicable official form.
In the cantons of Neuchâtel and Vaud this obligation exists in part – depending on the region. The affected communes and districts are listed in the Directory of the Federal Office for Housing.
From 1 October 2025, the previous rent must also include the reference interest rate and inflation (National Consumer Price Index, NCPI) must also be specified.
In the other cantons, there is currently no obligation to disclose (as at: September 2026). However, if the tenant requests it, the landlord must, in accordance with Art. 256a para. 2 CO communicate the previous rent.
3. What should I do if the official form is missing or incomplete?
If the official form is missing in a canton where it is mandatory, the rent is not validly fixed. The same applies if the form does not include the most recently valid reference interest rate or the inflation rate, or if there is no comprehensible justification for an increase in the rent or ancillary costs.
For you as a tenant, this means:
You are not bound by the 30-day period.
You can apply to the arbitration authority to have the rent reassessed.
4. Challenging the initial rent: when is it worth it?
According to Art. 270 CO a chance of success if one of these criteria is met:
The tenant felt coerced into signing the tenancy agreement because of a personal emergency or a shortage of housing.
The rent was increased by more than 10% compared to the previous tenant, without any renovation taking place.
In addition, there must be an abusive rent exists in accordance with Art. 269 CO. This is the case if the rent yields an excessive return or is higher than for comparable rental properties in the residential area.
5. How can I contest the initial rent?
Do you suspect that your initial rent is unfair? If so, you can dispute it. Please note the following steps:
You must contest the initial rent within 30 days after moving into the apartment to the competent conciliation authority submit it. After this deadline, it is no longer possible to challenge the rent.
In cantons where a form is required, you will usually receive the previous rent automatically from the landlord. In other cantons, you can ask the landlord about the previous rent. If the landlord does not disclose the previous rent despite being asked to do so, the conciliation authority can request disclosure.
The dispute must be submitted in writing to the competent conciliation authority at the location of the rental property. Many courts offer the relevant forms on their websites. For example, the Zurich Civil and Criminal Courts.
6. What happens after the challenge?
The conciliation authority will check whether the rent is abusive and will mediate between the parties. It may submit a proposed decision but is not obliged to do so. If neither party rejects the proposal within 20 days, it becomes legally binding.
If the authority does not submit a proposed decision or if no agreement is reached, it will issue a authorisation to bring an action out. Then the claimant has 30 days to bring the case to court.
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This article was first published on 31.01.2022
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