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Rental agreements: what you need to know

Before you sign a rental agreement for an apartment, it’s worth taking a close look at the contract. Comparis explains what to watch out for and where the stumbling blocks lie.

Roman Heiz Foto
Roman Heiz

09.01.2023

Close-up portrait of a confident mature man doing paperwork.

iStock.com/Inside Creative House

1.What is included in the rental agreement?
2.Mistakes happen: errors in the contract
3.Are the ancillary costs clearly regulated?
4.When do I have to pay an administrative charge?
5.Is the amount charged as a deposit valid?
6.Rules: what do I need to observe?
7.Legal advice from the tenants’ association

1. What is included in the rental agreement?

Your rental or tenancy agreement includes:

  • The cost of the rent

  • Contract parties

  • Notice periods and dates

  • General contract provisions

  • Rental deposit details

From the start of the rental period, you pay rent for your new apartment. Important: first check whether the agreed rental price is included in the contract.

After that, pay attention to further information on the rent and on the previous rents charged. If rental costs change in the future, this may affect your rental costs.

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2. Mistakes happen: errors in the contract

Some landlords use pre-printed forms when creating a contract and (allegedly) forget details. Others make mistakes.

In addition, individual clauses are often invalid, inaccurate or specifically formulated in such a way that they are to your disadvantage. Therefore, always take a close look and, if in doubt, consult a specialist.

3. Are the ancillary costs clearly regulated?

Heating, hot water and cleaning the stairwell: if the landlord charges ancillary costs according to consumption, the individual costs must be included in the rental agreement.

If additional costs are not listed separately in the contract, they are usually already included in the rent. There are, however, exceptions. You can find out more here:

4. When do I have to pay an administrative charge?

Have you had to decline a rental agreement unexpectedly? Some landlords demand an administrative charge in this case. However, this fee is not permitted – even if such a fee is stipulated in the application form.

5. Is the amount charged as a deposit valid?

The rental deposit is intended to ensure that you meet your obligations. The deposit may not exceed three months’ rent. It should be held in a blocked account in your name. You will usually receive an application to open a deposit account together with the rental agreement.

6. Rules: what do I need to observe?

A rental agreement may establish certain rules. In addition to the rental agreement, there are usually also house rules.

If you violate the rules several times, a termination may follow. However, not all rules in contracts are valid and can be enforced.

Invalid clauses in rental agreements

Sometimes the contract prohibits something that can’t be prohibited at all. For example, some landlords stipulate a smoking ban in the apartment, although smoking cannot be prohibited in the apartment. In that case, this clause in the contract is not binding.

7. Legal advice from the tenants’ association

Do you think the rent is too high? Or do certain points in the contract seem strange to you? The tenants’ association in your canton can advise you on these matters (link not available in English).

Signing a rental agreement and planning a move

Is everything in the rental agreement correct? Then you can go ahead and sign. Your next task is then the move itself. At Comparis, you can get offers for moving and cleaning quickly and easily.

This article was first published on 06.03.2018

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