Rent reduction for defects: table and tips
Rent reduction for defects: when and how can you request a rent reduction? Comparis explains – with examples.
04.04.2023
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1. What is a defect?
Simply put, a defect is anything that prevents you from using your rental apartment in accordance with the contract – in other words, everything that affects how you live in the apartment.
This could be a defective light bulb, a broken washing machine, or even a noisy construction site next door. “Defects during the rental period” are regulated in Switzerland by the Code of Obligations.
2. Rent reduction for defects: what are the requirements?
The following prerequisites apply to a rent reduction due to defects:
The defect in your rented apartment was caused by normal wear and tear, or was not caused by you.
The defect is not considered part of minor maintenance. For example, you will have to replace a defective light bulb yourself.
You have informed the landlord or rental company of the defect.
You are entitled to a rent reduction as soon as the landlord or rental company knows about the defect, and until it has been corrected. To ensure you have proof that you reported the defect, it may be a good idea to do so by registered letter.
Good to know: the lifespan table shows how long rented items should last under normal use.
Other reasons for a rent reduction
You are not only entitled to a rent reduction in the event of defects. You can also request a rent reduction if the reference interest rate drops by 0.25 percentage points, or the initial rent is considered unreasonably high.
3. How high a rent reduction can I request?
How high the rent reduction is depends on the specific defect. If you disagree with your landlord about the rent reduction, you can contact the arbitration authority.
Example: rent reduction due to construction work
Imagine a new office building is being built in your immediate vicinity. Construction will take three years. Compressed air drills, freight lifts and other heavy construction machinery are being used. The noise significantly exceeds the tolerable level.
In this case, your chances of a rent reduction are good. However, whether or not your rent is reduced and by how much depends on the specific case. According to the Tenant’s Association, the rent reduction for construction work normally amounts to a maximum of 10%.
Good to know: get photographic evidence of important information about the defect. Keeping a noise diary will also make it easier for you to report bothersome noise emissions to the arbitration authority.
Rent reduction table for Switzerland: an overview of court rulings
The table below shows approximately what rent reduction claims might look like, based on Swiss court rulings.
| Description of defects | Rent reduction | |
|---|---|---|
| Renovations and conversions into apartment buildings | Entire rental building under renovation | 35% |
| Excessive moisture and water ingress | Leaky windows | 10% |
| Noise emissions | Noise from butcher shop next door | 20% |
| Odours | Unpleasant smells from a restaurant, inadequate ventilation system | 20% |
| Inadequate room temperature | Room temperature between 15 and 20 degrees, reduction during winter months | 20% |
| Construction work in the neighbourhood | Large construction site 40 to 50 metres from the rental apartment with excessive noise and vibrations | 16% |
| Removal of facilities | Lift faults (for tenants on the 4th floor) | 10% |
| Broken dishwasher | 3% | |
| Quantitative deficiency | Small adjoining room with windows is withdrawn from a 6-room apartment | 6.5% |
| Aesthetic deficiencies | Repeated vomiting in common areas | 5% |
(Source: leaflet published by the Tenants’ Association)
Further examples of rent reductions due to defects can be found at Swiss Tenant Protection.
4. Applying for a rent reduction: how should I proceed?
Is something wrong with your apartment? To apply for a rent reduction:
Inform your landlord by telephone or in writing. Describe the damage as accurately as possible.
Note: always report serious defects to the landlord. Otherwise, you may have to pay for any resulting damages. This could be increasingly spreading mould, for example.
Has your landlord not fixed the issue? Send a registered letter explaining the defect. Set a deadline by which the problems must be fixed.
Has your landlord not yet responded? The you may deposit your rent with a third party. This means future rent payments will be transferred to an account held by the arbitration authority.
Make a request to the arbitration authority for rectification of defects, rent reduction and use of the deposited rent to repair damage.
You must do this within 30 days of the due date of the first deposited rent payment. Otherwise, the landlord will receive the deposited rent back. The federal government provides a form for the arbitration request.
Good to know: you can also claim a rent reduction retroactively. However, this only applies if you report the defect in good time. The claim expires after five years.
Tired of construction noise?
Are there always building works going on in your neighbourhood? Sometimes the only remedy is to move house.
This article was first published on 25.04.2016
