Tenancy agreements in Switzerland: important information at a glance
What does a tenancy agreement look like in Switzerland? What types of pitfalls might there be, and how can you terminate it? Comparis answers key questions on Swiss tenancy agreements.
Swiss tenancy agreements: the key points at a glance
The tenancy agreement governs the letting of an apartment or other rental property in return for payment of rent. The tenancy agreement forms the legal basis for the tenancy between the landlord and tenant.
You can conclude a tenancy agreement in writing or verbally. However, the written form is customary and recommended. The most important parts of the agreement include the details about
the parties to the agreement
the rental property
the rental period
the rent
the ancillary costs
a potential rental deposit
the general provisions set out in the contract
Find out here what to look out for when signing the tenancy agreement.
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Swiss tenancy agreements: frequently asked questions
Essentially, tenants can agree on whatever they want with each other. However, if what they agreeon is illegal, it will not be enforceable – even if the parties have signed the agreement.
A tenancy agreement is valid as soon as you and the landlord have agreed on the main points. According to Art. 253 of the Swiss Code of Obligations, this happens when:
The landlord allows the property (in this case an apartment) to be used
The tenant is willing to pay rent in exchange for use of the property
Agreeing on these two things constitutes the conclusion of a tenancy agreement. The agreement may also be verbal.
A fixed-term tenancy agreement ends automatically at the agreed time. During the term, neither the landlord nor the tenant can terminate the agreement ordinarily. This severely limits flexibility. There is no entitlement to an extension.
You can exit a tenancy agreement early by replacement tenant to your landlord. This person must be prepared to take over the contract under the same conditions. Otherwise, you are generally obliged to pay the rent until the regular termination date.
No, a signed tenancy agreement is generally binding. Withdrawal is only possible under one of two conditions:
The landlord voluntarily agrees.
You can provide a suitable replacement tenant to take over the tenancy.
End your current tenancy agreement
Here, you will find out everything you need to know about terminating your tenancy agreement.