Rental contract, rental deposit and moving in
From the rental contract and rental deposit to the handover: these three steps take you from being offered the apartment to your first weeks in your new home. Comparis shows you what to check, which deadlines apply and what to watch out for.
Where are you right now?
Choose the starting point that matches your situation.
Step 1: Check and sign the rental contract
A rental contract can also be concluded verbally, but the written form is customary and recommended. In it, check above all the notice periods, the amount of the deposit and the ancillary costs. You only owe ancillary costs if they are agreed in the contract. Also give notice on your current apartment in good time, otherwise you’ll end up paying rent twice.
Who can advise you on questions about the contract?
The tenants’ association in your canton advises on contract questions. Legal protection insurance that includes tenancy law pays lawyers’ fees and legal costs, depending on the cover. For tenancy disputes, a waiting period of one to three months usually applies.
Step 2: Pay the rental deposit and take out insurance
The deposit is capped at three months’ rent. The landlord must deposit it with a bank in a savings or deposit account in your name. The interest is yours. At the same time, set the start date of your home contents and personal liability insurance to moving day.
Arrange home contents and liability insurance before you move in
Home contents insurance covers your belongings. Personal liability insurance covers damage you cause to others, and depending on the policy also damage to the rented apartment. Set the start of your insurance to moving day.
Step 3: Moving in and the first 30 days
At the handover, record the condition of the apartment in the handover report. Defects you only discover later are best listed within ten days and sent by registered post. The Swiss Tenants’ Association recommends this. You can challenge the initial rent at the conciliation authority within 30 days of taking over the apartment, for example if it is significantly higher than the previous rent. Also register with your new municipality.
Frequently asked questions about rental contracts
Clauses that breach mandatory tenancy law are void, even if you have signed the contract. These include a deposit of more than three months’ rent, linked transactions such as having to buy furniture along with the apartment, and agreements that shift maintenance of the apartment onto you to your disadvantage. You cannot waive protection against termination in the contract.
A signed rental contract is binding. There is no statutory right of withdrawal. You can get out of the contract if the landlord agrees to end it or if you propose a reasonable and solvent replacement tenant who takes over the contract on the same terms. Otherwise you owe the rent until the next possible termination date.
A fixed-term rental contract ends automatically on the agreed date, without either side having to give notice. During the term you cannot terminate it with ordinary notice unless the contract allows 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 it expires. If you and the landlord tacitly continue the tenancy after it expires, it becomes an open-ended tenancy.
Next stage: giving notice and moving out
Sooner or later you’ll move out again. Comparis shows you which notice periods apply and how to give notice correctly.