What should I bear in mind after moving home?

1. What should I watch out for with the handover protocol and list of defects?

All of the damage to the apartment is written down at the beginning of the tenancy in the handover protocol and the associated list of defects. You and the landlord are not legally required to complete this document, however.

As a tenant, there is basically nothing to worry about if you choose not to do one, because the burden of proof under current tenancy law lies with the landlord. This means that if there is any damage, the landlord must prove that it occurred during the tenancy, and that you are therefore responsible for rectifying it. 

I didn’t notice a defect until after moving in. What should I do?

Is there a handover protocol? It’s then assumed that it contains all of the damage that occurred before you moved in. In this case, make sure that all defects are accurately recorded. Some defects are not immediately evident. Therefore, keep an eye out for further defects even after moving in. Report it to your landlord within ten days of moving in.

Important: make a copy of this letter and send it by registered mail to the landlord. 

What defects should I note in the list of defects?

The following are all things that you can include in the list of defects:

• Minor defects: the tenant is essentially responsible for fixing minor defects, but not if they have only just moved in. Here you can request repairs or its entry in the list of defects. Minor defects might include:

  • Leaking shower hoses

  • Cracked dishwasher baskets

  • Damaged oven trays

  • Broken soap dishes

• Moderate defects: a moderate defect prevents you from fully enjoying your apartment, but not to the extent that it is unliveable. These include:

  • A broken fridge

  • Flaking paint or wallpaper

• Serious defects: a serious defect makes it difficult or even impossible to continue living in the apartment. Examples include:

  • Large areas of mould owing to a lack of insulation

  • A leaky roof that allows water to get into the apartment

In the case of moderate and serious defects, you have a right to rectification. You can ask the landlord to remedy the defects as soon as possible. Further information on drawing up a list of defects and on your rights as a tenant can be found on the website of the Mieterinnen- und Mieterverbands der Deutschschweiz (Tenants’ Association of German-Speaking Switzerland, link in German only).

2. Can I negotiate to decrease the initial rent? 

It’s worth checking the initial rent in your new apartment carefully. In some cantons (BS, GE, LU, NE, VD, ZG, ZH), it is even a legal requirement to disclose the rent paid by the previous tenant. The form is included with the tenancy agreement. If this doesn’t apply where you live, you can ask the previous tenants or the landlord. By law, you have 30 days in which to challenge the initial rent on your new apartment in the following cases:

• If the landlord has significantly increased the rent (i.e. by more than 10%) without making any value-enhancing investments. 

• If you felt coerced into signing the agreement because of a personal or family emergency, or because you urgently needed a place to live.

• At the same time, the rent must satisfy the criterion of fairness. The rent is deemed to be unfair if:

  • The landlord’s return is excessive.

  • The rent is higher than usual for that location and neighbourhood.

3. Do I have to adjust my home contents insurance?

If you got rid of some of your old furniture and replaced it with new furnishings during your move, it’s worth checking your home contents insurance and perhaps increasing the sum insured.

4. Who do I need to inform of my new address?

Once you’ve moved, don’t forget to register with the local authority, and let your electricity provider and Road Traffic Office know. Keep things running smoothly by also informing your telecoms provider, health insurance company and all other service providers as quickly as possible that you have moved. Comparis has compiled a comprehensive list of who to notify when you move. 

By the way: moving house is a good opportunity to compare different internet providers. It’s often worth switching to a different provider.