Tenancy law: what are my rights and obligations as a tenant?

When am I entitled to a rent reduction? Can you find a new tenant yourself? What's the duty of care all about? Anyone renting should know what their rights and obligations are.

What rights do I have as a tenant?

Tenancy law in Switzerland is governed by the Swiss Code of Obligations (Art. 253 et seq. SCO). It is supplemented by other regulations on tenancy, first and foremost the Ordinance on the Renting and Leasing of Residential and Commercial Premises (ORLRCP). Tenants have the following rights, among others:

• Entitlement to usable living space: the landlord must hand over the apartment in a habitable condition and must maintain it during the rental term. Defects such as defective heating must be remedied by the landlord at their own expense. As long as the defect exists, you can ask for a reduction in rent, provided that use of the rental property is restricted by the defect.
• Contesting initial rent: if the rent seems to you to be wrongful when you move in, for example because the landlord has significantly increased it compared to the previous rent, you can contest it with the arbitration office within 30 days of taking over the apartment.
• Demanding a rent reduction: if the reference interest rate – the average interest rate for mortgages in Switzerland set every quarter by the Federal Housing Office (FHO) – falls, you can demand a reduction in rent as of the next termination date. This is subject to your current rent being based on a higher reference rate.
• Subletting: in principle, you can sublet, but you need the consent of the landlord to do so.
• Finding a new tenant: if you would like to move out before the termination date, you can suggest an acceptable, solvent tenant who is willing to take over the rental agreement on the same terms. This means that your further obligation to pay rent ceases to apply.
• Protection against termination: if termination seems to you to be wrongful, you can contest it with the arbitration office within 30 days. In cases of hardship, you can also request an extension of the rental agreement.

What are the landlord’s obligations?

The landlord must hand over the apartment in a usable condition at the agreed time and maintain it in this condition for the entire duration of the rental (Art. 256 SCO). Tenancy law gives rise to the following obligations in particular:

• Remedying defects: repairs that go beyond minor maintenance are the responsibility of the landlord.
• Heating: according to a decision of the Federal Supreme Court (4A_581/2016), the apartment must be able to be heated to at least 20 degrees in winter. If this temperature is not reached at maximum heating power, this is deemed to be a defect.
• Calculating ancillary costs correctly: only ancillary costs that are expressly agreed in the rental agreement may be charged.
• Depositing a rental deposit correctly: a deposit of up to three months’ rent must be paid into a bank account in the tenant’s name (Art. 257e SCO).
• Complying with formal requirements: rent increases and terminations must be reported on an officially approved form, otherwise they are null and void.

As an aside, our step-by-step guide shows you how to check your statement of ancillary costs and identify any errors.

When can a landlord increase rent?

Under current tenancy law, rent can only be increased from the next possible termination date. It must be justified on an officially approved form and notified at least ten days before the start of the notice period (Art. 269d SCO). Typical reasons are:

• an increase in a reference interest rate
• inflation
• increased maintenance and operating costs
• value-adding investments such as a comprehensive renovation

If the form is not used or the increase is accompanied by a threat of termination, it is null and void.

When can I contest the rent?

Tenancy law states that you have the option of contesting the rent within the first 30 days after taking over the apartment. You can contest a rent rise with the arbitration office within 30 days of notification. If the reference interest rate falls during the tenancy, you can ask the landlord for a rent reduction. If the reduction is unsatisfactory or the landlord does not agree to one at all, you can also enforce your tenancy rights through the mediation office.

What repairs and renovations do I have to pay for as a tenant?

Tenants are responsible for minor maintenance issues themselves during the rental term. This includes minor repairs and maintenance work that is required during normal use, such as replacing light bulbs, cleaning seals or oiling locks. Any repairs that go beyond minor maintenance must be carried out by the landlord.

When you move out, you must return the apartment in the same condition in which you rented it. You don’t have to compensate for the natural wear and tear from normal use, such as discolored walls or a worn floor.

If the apartment has been excessively worn or damaged, you must repair the damage or pay for it. So, every item in an apartment has a certain lifespan. You only have to compensate the value of the item when you move out.

How do I correctly report a defect in my apartment?

If you notice a defect, such as defective heating, mold or water damage, proceed as follows:

1. Report a defect in writing: inform the landlord about the defect by registered letter. Describe it as precisely as possible and document it with photos.
2. Set a reasonable deadline: ask the landlord to rectify the defect within a reasonable period of time.
3. Assert your rights: if the landlord fails to act, then depending on the severity of the defect, you can ask for a rent reduction or, in extreme cases, terminate the rental agreement without notice.

Important note: if you don’t report a defect or report it too late, you risk losing your right to a rent reduction. You can find a sample letter for reporting a complaint on MyRight, the legal portal of AXA-ARAG.

Important deadlines in tenancy law at a glance

Frequently asked questions about tenancy law