Swiss tenancy law: your rights as a tenant
What rights do I have as a tenant in my apartment? You will find answers in Swiss tenancy law, however these are often extensive and complicated. Comparis provides a summary of the most important information for you.
Tenancy law in Switzerland: the key points at a glance
Tenancy law in Switzerland (Swiss Code of Obligations, Art. 253 to 273c) governs the relationship between tenants and landlords. The landlord must provide the tenant with an apartment for use. In return, the tenant must pay the agreed rent on time. A rental agreement can be concluded in writing or verbally – even without a written contract, statutory tenancy law applies.
Lowering your rent: tips and instructions
Find out here what rights you have as a tenant in the event of a rent increase and how you can request a rent reduction.
Swiss tenancy law: termination of a rental agreement
The termination of a rental agreement is clearly governed in Swiss tenancy law. A statutory minimum notice period of three months applies to apartments. The termination must be made in writing and reach the landlord by the day before the deadline for giving notice. The date of receipt is decisive, not the postmark.
If there are no special termination dates set out in the contract, the local official moving dates apply. These vary depending on where you live. If you want to give notice outside the notice period, you must provide a solvent and reasonable replacement tenant. Here, you can find important information about giving notice, as well as a free template of a termination letter.
Tenants' rights and obligations
Information on tenants’ rights and obligations is available here.
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Swiss tenancy law: frequently asked questions
Tenants are entitled to an apartment that is in a habitable and safe condition. This includes cleanliness, dryness, functioning heating and intact sanitary facilities – without any safety defects.
You are also entitled to the undisturbed use of the rented spaces. This means that the landlord or letting agent must not interfere with your privacy.
Is your landlord or landlady not complying with these obligations, even after repeated requests? In this case, you can contact the tenants' rights association or the relevant arbitration board.
The landlord may only terminate your rental agreement for specific reasons. Examples include personal use or non-contractual use of the apartment (e.g. commercial use). Notice must be given in writing on an officially approved form. There is a notice period of at least three months.
Are you married and living in a family apartment? If so, the landlord must send a separate termination form to both spouses. Otherwise, the termination is not effective.
Under certain circumstances, the landlord can terminate the apartment extraordinarily and without giving notice. For example, if you cause serious damage to the rented apartment or if you do not pay the rent despite a reminder.
In principle, you can use the balcony of your rented apartment however you wish. For example, you can relax, put up plants or dry laundry. It is important that you respect the rights of your neighbours – for example, by being considerate of noise, smoke or odours. Find out here whether you are allowed to barbecue on your balcony without any restrictions.
Tenants must treat the apartment and all associated parts (such as the balcony and cellar) with care and be considerate of other residents. This means not causing damage and anything beyond the normal wear and tear.
If you notice any major defects or damage, you must report them to your landlord. minor repairs and cleaning yourself. In the event of a gross breach of the duty of care, the landlord can terminate your rental agreement without giving notice in extreme cases.
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Good to know: noise pollution is one of the most common reasons for a neighbourhood dispute. Find out here which quiet periods apply and how to avoid trouble with the neighbours.
