What does “normal wear and tear” mean for a rental apartment?
When is the wear and tear of an apartment considered normal, when is it excessive? And what damage does the tenant have to pay for? This is not always easy to differentiate and often leads to disputes. Comparis explains what to watch out for.
18.08.2022
iStock / hanohiki
1. Tenancy law in Switzerland: what are tenant damages?
As a tenant, you will be asked to pay for damage to the apartment – known as tenant damage. A distinction is made between normal and excessive wear and tear. The distinction is often not that simple and can lead to conflicts. Has the hob really been scratched too much? How many scratches on the parquet flooring are normal? What condition are the walls and doors in?
2. What is normal wear and tear for an apartment?
The law defines normal wear and tear as the careful use of an apartment in accordance with the contract. What’s considered normal wear and tear depends on various factors. This includes how long the person has lived in the apartment.
After 20 years, there may be more signs of use in the bathroom at the time of handover than after one year. If four people live under one roof, the apartment also goes through more wear and tear than a single household. A floor in a restaurant will be more worn than a living room floor. All of this needs to be taken into account.
Examples of normal wear and tear
Normal wear and tear includes:
Screw/Plug holes in the walls, provided these are properly filled in and there are not too many of them.
Traces of pictures and furniture on the walls or faded wallpaper
Normal wear and tear of fitted carpeting
Examples of excessive wear and tear
Excessive wear and tear includes:
Deep scratches in the parquet flooring
Larger stains/carpet stains
Wooden walls scratched by pets
Scribbled wallpaper
When does the bathroom in the apartment need to be renovated? What happens if the new stove already has excessive wear and tear after five years? To address these questions, the homeowners’ association and the tenants’ association have jointly drawn up an impartial lifespan table . It shows how long each individual part of an apartment can be used for.
3. What damage can I repair myself?
Minor defects can be fixed by the tenants themselves, such as filling in screw/plug holes, restoring seals or replacing missing home accessories. However, there is a risk that the work will not be accepted. If the work is not carried out correctly, the landlord can charge you for the costs of professional correction. This will result in double costs for you.
Caution: repair work should be carried out before the new tenants move in. If pending renovations prevent the move-in or only allow it to a limited extent, you may be held responsible for the loss of rent and other inconveniences.
You may also renovate the apartment with the consent of the landlord and paint the walls, for example. In the event of major changes to the rental property, the following applies: unless otherwise agreed, you must restore the property to its original condition. In the case of major renovations, record in writing what work you are doing and what happens during handover of the apartment. These contracts usually stipulate professional restoration of the original condition.
Tip: the better you clean the apartment, the more likely you will see damage and be able to repair small scratches. You can also have the most important work done with the help of an experienced cleaning company .
Tenants are obliged to carry out “minor maintenance work” themselves. A list of such repairs is often included in the rental agreements, as well as a maximum amount if something needs to be replaced. These tasks include replacing fuses, tightening loose screws or unclogging the syphon. As a rule of thumb, the repair should not cost more than 150 francs.
4. Keep the apartment handover protocol as evidence
The apartment handover protocol is important for both parties. It serves as evidence when moving out. Therefore, make sure to draw up a protocol both when moving in and when changing home.
The protocol should document all existing damage in writing and with photographs. You must send a list of any damage to the landlord by registered post within 10 days of moving in. Set a deadline by which the damage must be rectified. Keep a copy of the letter.
5. What should be done if the tenant and landlord do not agree?
There are often misunderstandings during the handover of the apartment: the landlord might demand the repair of damage that you have not caused as a tenant. Sometimes landlords also try to charge the tenant inadmissible costs for tenant damage.
To prevent these conflicts, you should accurately record the condition of the apartment before moving in and when handing it over. Find out in advance what damage you are liable for. If the parties disagree, the matter may be referred to the tenancy court.
Enter a reservation in the protocol
If both parties disagree as to whether the wear and tear is normal or excessive, they can enter a reservation in the protocol. Important: you should not sign the protocol without reaching an agreement.
Many protocol forms contain provisions that express your willingness to pay costs. If you confirm this with your signature, you are liable for those costs. In this case, you can add “does not count as an acknowledgement of fault” (in German: gilt nicht als Schuldanerkennung) to your signature. In this way, you revoke this willingness to cover costs.
6. What types of damage are covered under liability insurance?
Normal wear and tear is included in the rental price. Part of what goes beyond this may be assumed by the liability insurance. This includes damage that was unforeseeable or due to carelessness, such as:
Red wine stains on the carpet
Cracks in the washbasin
Deeper scratches in the parquet floor
Small burn marks in the carpet
Children’s doodles on the wallpaper
Even if the insurance covers the damage, you have to pay the coinsurance. The amount of the coinsurance may be stipulated in the contract.
What types of damage are not covered under liability insurance?
As a rule, unforeseeable damage that happens gradually is not covered. For example, if the apartment is barely ventilated or not at all and mould forms in the apartment due to the high humidity, the insurance will not cover it.
Clearly foreseeable damage, such as walls yellowed by cigarette smoke, will also not be covered. Damage caused by gross negligence as well as tenant damage caused intentionally are also not covered.
Important: in the event of a claim, contact your insurance company immediately. The insurance company will clarify whether the damage is covered.
7. Examples of an apartment handover in Switzerland after 10 or 20 years
If you have stayed in an apartment for a long time, you should check the lifespan table carefully. If the lifespan is exceeded, tenants no longer have to pay any costs.
If you move out of your apartment after about 10 years, the lifespan of the refrigerator or the bathroom furniture is deemed to have expired. This means that even if the refrigerator is defective when you move out, you do not have to replace it at your expense.
If you move out of the apartment after 20 years, the lifespan of lamination as well as the dishwasher, stove and oven will also be considered expired.
This article was first published on 31.08.2016
