Tenancy agreement, rental deposit and moving in
From the tenancy agreement and rental deposit to the handover of the flat: these three steps will guide you from the point at which you are approved as a tenant through to the first few weeks in your new home. Comparis explains what to check, which deadlines apply and what to watch out for.
Where are you at the moment?
Choose the starting point that suits your situation.
Step 1: Check and sign the tenancy agreement
A tenancy agreement may also be concluded verbally. The usual and recommended form is the written form. In particular, check the notice periods, the amount of the deposit and the ancillary costs. You are only liable to pay ancillary costs if they are stipulated in the agreement. You should also give notice on your current flat in good time, otherwise you will pay double rent.
Tenancy agreement template for flats
Free PDF to fill in, with all the points of a tenancy agreement for a flat.
Who can advise you if you have any questions about the contract?
The tenants’ association in your canton provides advice on contractual matters. Depending on the cover, legal protection insurance with tenancy law protection covers lawyers’ fees and legal costs. For disputes under tenancy law, there is usually a waiting period of one to three months.
Step 2: Pay the rental deposit and take out insurance
The deposit may not exceed three months’ rent. The landlord must deposit it in a savings account or deposit account in your name in your name. The Interest are yours. At the same time, set the start date of Home contents and personal liability insurance to the move-in date.
Sort out home contents and personal liability insurance before moving in
Home contents insurance covers your belongings. Personal liability insurance covers any damage you cause to others and, depending on the policy, also to the rented apartment. Set the start date of the insurance to the move-in date.
Step 3: Take over the new home
When taking over the new flat, record in the inspection report the condition it is in. It’s best to list any defects that you only discover later within ten days and send the list by registered post. This is recommended by the tenants’ association. You can have the initial rent checked within 30 days after moving in, with the conciliation authority for example, if it is significantly higher than the previous rent.
Frequently asked questions about the tenancy agreement
Clauses that violate mandatory tenancy law are null and void, even if you have signed the contract. These include a deposit of more than three months’ rent, tying practices such as the obligation to buy furniture together with the apartment, and agreements that shift the responsibility for maintaining the apartment onto you to your detriment. You cannot waive protection against termination in the contract.
A signed tenancy agreement is binding; there is no statutory right of withdrawal. You can withdraw from the tenancy agreement if the landlord agrees to terminate it or if you propose a reasonable and solvent person who will take over the lease under the same conditions. Otherwise, you owe the rent up to the next possible termination date.
A fixed-term tenancy agreement ends without termination on the agreed date. During the term, you cannot ordinarily terminate it unless the contract provides for this. If the end of the tenancy would cause hardship for you or your family, you can apply to the conciliation authority for an extension no later than 60 days before the end date. If you and the landlord tacitly continue the tenancy after it expires, it is considered to be for an indefinite term.
Next stage: giving notice on your current home and vacating it
At the same time as sorting out your new flat, you need to take care of your old one: giving notice, moving out and handing over the flat. Comparis explains the steps in order.