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Whether you rent a studio in Lausanne or a villa in Zurich, knowing your rights as a tenant is essential to maintain a healthy relationship with your landlord or property management company:

  • As a tenant, you have the right to a safe, healthy, and functional dwelling, and to peaceful use of the property without unauthorized visits by the landlord.
  • The landlord must respect the legal notice periods and justify rent increases; in case of abuse, you can challenge them before the conciliation authorities.
  • In case of a problem in the property (works, defects, or unjustified increase), you have the right to contact the conciliation offices or specialized courts without excessive costs.


Your rights as a tenant upon moving in

From the signing of the lease contract, several rules are established to protect you.


Security deposit

For a residential lease, the security deposit may not exceed 3 months of net rent. It must be deposited in a blocked bank account in your name. Note that it is illegal for the landlord to keep this money in their personal account.


At the end of the lease, and if your obligations are fulfilled (full rent payment, return of the rented property, etc.), the deposit must be returned to you or any difference explained and justified within a reasonable time.


Move-in inspection

The Swiss Code of Obligations (CO) stipulates that the landlord must deliver the property in a "suitable condition." This means that the property must be in good condition, functional, and free of defects.


If defects are noticed afterward, you have 10 to 30 days (depending on the contract) to send a supplementary list by registered mail.


> Discover our article on move-in inspections


Transparency of previous rent

In certain cantons (such as Geneva, Vaud, or Neuchâtel), your landlord is obliged to inform you of the rent paid by the previous tenant via a rent-setting notice (or official form).


If the rent has been massively increased without justification through works, you can contest it before the conciliation authority within 30 days of receiving the keys.


Subletting

Subletting is allowed (Art. 262 CO), but it is strictly regulated. To avoid any dispute, respect these three points:

  • Prior agreement: You must obtain the landlord’s written consent. They may only refuse for valid reasons (e.g., refusal to disclose contract terms).

  • No profit: The rent charged to the subtenant must be the same as yours. An increase of 10–20% is tolerated only if you provide furniture or services (internet, electricity).

  • Your responsibility: You remain legally responsible for the property. If the subtenant causes damage or nuisance, you will bear the consequences toward the landlord.


Your rights as a tenant in case of rent adjustment

Rent in Switzerland is indexed to the reference mortgage rate published by the Federal Office for Housing (FOH):

  • If the reference rate decreases, you have the right to request a rent reduction. But note, this reduction is not automatic, you must make an explicit request to your landlord.
  • Conversely, if the rate increases, your landlord may raise the rent for the next termination term, respecting a 10-day notice before the start of the termination period.


Furthermore, note that the mortgage rate is not the only criterion. When requesting an adjustment, the landlord may also compensate the increase with:

  • Inflation: 40% of the change in the Swiss Consumer Price Index may be passed on.

  • Increase in maintenance costs: The landlord may add a flat rate (often between 0.5% and 1% per year) for the rising operational costs of the building.


Our advice: do not challenge an increase blindly. If your rent has not been increased for 5 years while the rate has risen several times, the landlord may be within their rights. Conversely, if the rate has fallen and your rent has remained stable, you are probably paying too much. Use an official calculator to check your situation.


Maintenance of the property: what must you pay as a tenant?

The allocation of costs between landlord and tenant is governed by Articles 259 et seq. of the Code of Obligations.


The general rule is simple: your landlord must maintain the rented property in a condition appropriate for its intended use. However, it is your responsibility to bear costs related to ordinary use.


The "minor works" at your expense

As a tenant, you only have to pay for small repairs you could do yourself, i.e., those costing less than 150–200 CHF and not requiring technical expertise.


This includes replacing a shower hose, changing filters of a range hood, or replacing a baking tray.


Everything else is the landlord’s responsibility: if a plumber must intervene for a tap, even if the invoice is 80 CHF, it is the landlord who pays because it requires professional expertise.


Normal wear and the parity table

At the time of lease termination, you do not have to return an apartment "like new," but "in the condition resulting from proper contractual use."


To know if you have to pay for painting or flooring upon leaving, refer to the Parity Table of useful life, an excerpt of which is provided.

Housing element Average lifespan
Paint (emulsion) 8 to 10 years
Wallpaper (average quality) 10 years
Carpets (average quality) 10 years
Parquet flooring (sealed finish) 10 years
Dishwasher/Washing machine 10 to 15 years
Refrigerator 10 years
Stove / Oven 15 years
Faucets / Fixtures 15 years
Sink / Toilet (ceramic) 30 to 35 years


Your rights in case of defects in the property

Mold, faulty heating, broken elevator, or noise from building works… As a tenant, you pay for full use of your dwelling. If that use is restricted by a defect, you have three tools at your disposal.


Notice of defect

As soon as you notice a problem that is not your fault, you must act quickly and report it by registered mail.


Describe the defect precisely, attach photos, and above all, set a reasonable deadline for repair (e.g., 10 days for a leak, 24 hours for heating failure in winter).


Rent reduction: compensation for inconvenience

Once the landlord has received your notice of defect, the counter starts in your favor. You are entitled to a rent reduction until complete repair. Examples of reductions accepted in Switzerland:

  • Elevator out of service (upper floors): 5–10%

  • Noisy works in the building: 10–25%

  • Indoor temperature below 18°C: 20–50%

  • Kitchen completely unusable: 30–50%


Our advice: never deduct the reduction yourself from your next rent without a written agreement from the landlord or a judicial decision. You must continue to pay the full amount and then request a refund or a credit on the next rent.


Escrow of rent: as a last resort

If despite reminders, the landlord ignores your requests, the law allows you to temporarily block the rent to force them to act. To do this, first inform the landlord of your intention if they do not act promptly.


Then pay your rent into an official cantonal escrow account (not your own savings account!). For the landlord, the rent is considered unpaid, but legally you are compliant.


Once the rent is deposited, you have 30 days to contact the conciliation authority. If you skip this step, the money is released to the landlord. This is why support from ASLOCA or legal advice is essential.


Your rights when terminating your lease

The end of the lease is the moment when you need to be most vigilant to recover your rental deposit.


Early termination

Do you want to leave before the end of your contract? The CO allows you to leave at any time, provided you present a solvent replacement tenant who takes over the lease under the same conditions. If the management refuses without valid reason, you are released from your obligations from the agreed takeover date.


Move-out inspection

Upon returning the keys, the management will ask you to sign a report. Beware of the classic trap: a pre-written clause where you acknowledge your responsibility and agree to pay for repairs. Signing this document as is amounts to signing a blank check.


If you disagree with a noted damage, you have the right to sign while adding the handwritten note "without prejudice to all my rights." This validates the key handover but blocks admission of debt.


In case of major disagreement, simply refuse to sign. Then it is up to the landlord to prove your fault before the conciliation commission, not you to prove your innocence.


> Discover our article on move-out inspections


FAQ: Your rights as a tenant

Can the landlord enter my apartment to "check the condition"?

No. You have exclusive enjoyment of your home. The landlord must request your consent and respect a notice period (generally 48h) for valid reasons (works, viewings for re-letting). “Control” visits without a specific reason are prohibited.


My landlord refuses to return my deposit, what should I do?

If no damage has been noted, it must be released immediately. If they refuse without taking legal action against you, the bank is legally obliged to pay you the amount (including interest) one year after your departure, on simple request, even without the landlord’s consent.


Can I have a pet?

In principle, it depends on your contract. If the lease explicitly forbids it, you must request permission. However, for small animals (hamsters, canaries, fish), no authorization is required, even if a clause forbids it.


Are conciliation fees expensive?

Good news: the procedure before the Rental Conciliation Authority is completely free for tenants. It is a joint authority where you can defend yourself without a lawyer.