Swiss Tenancy Law: Rights and Protection

> Rental Contract and Obligations

The rental contract must be concluded in writing using the official cantonal form for housing. This form must necessarily contain: parties' identity, precise designation of the dwelling, amount of initial rent and charges, date of occupancy, duration (fixed or indefinite), notice periods. The landlord must also communicate to the tenant the amount of the previous rent within 30 days of request.

Rent guarantee: Maximum amount of 3 months' rent. It must be deposited in a bank account or guarantee account blocked in the tenant's name. Interest belongs to the tenant. At the end of the lease, the guarantee is returned within a reasonable time, generally upon delivery of the final inventory, less any legitimate claims by the landlord.

Landlord's obligations: Deliver the rented thing in good maintenance condition and allow the tenant to enjoy it without hindrance. Perform necessary and urgent repairs. Guarantee heating and hot water throughout the lease duration. Respect protection of personality and tenant's privacy. Not increase rent abusively.

Tenant's obligations: Pay rent and charges within agreed deadlines. Use the thing with care and maintain it in good rental maintenance condition (current cleaning, minor repairs). Immediately inform the landlord of defects. Respect house rules and neighborhood. Return the thing at end of lease in the condition received, subject to normal wear.

> Abusive Rent and Increases

Abusive initial rent: Within 30 days following delivery of the thing, the tenant may request the landlord to justify the initial rent using the official form. If the landlord does not respond or if the response is unsatisfactory, the tenant has an additional 30 days to refer to the conciliation authority. Criteria for abusive rent: excessive return on invested capital, rent manifestly higher than usual rents in the region for comparable housing.

Rent increase: The landlord must use the official form and communicate the increase at least 10 days before the start of the notice period for the next deadline. The tenant has 30 days to contest the increase with the canton's conciliation authority. Permitted increase reasons: cost increase (charges, taxes, mortgage interest), improvement works with added value, adaptation to usual local rent, inflation compensation (indexation to CPI).

Rent indexation: Possible only if provided in the contract and linked to the Swiss consumer price index (CPI). The increase cannot exceed the percentage increase of the CPI. Limit: the indexed rent cannot become abusive. The indexation clause and increases must comply with legal forms (official form).

Ancillary costs: Distinction between flat-rate charges (fixed amount in contract) and actual charges (reimbursement of actual costs with annual statement). For actual charges, the landlord must provide a detailed statement within a reasonable time. The tenant may contest it if incomplete or manifestly inaccurate.

> Termination and Tenant Protection

Notice periods: Set by contract or local customs, generally 3 months for dwellings. Notice must reach the recipient at the latest on the last day of the notice period for the agreed deadline (generally end of March, June, September or December depending on cantons). Mandatory form: official form for landlord, registered letter advised for tenant.

Abusive termination: Prohibited notably because of: exercise of constitutional rights by tenant, rent challenge or work request, membership in tenant organization. Also abusive if motivated by discriminatory reasons (origin, religion, sexual orientation). Abusive notice may be canceled by judge or give rise to compensation of up to 6 years' rent.

Lease extension: The tenant may request an extension (generally 1 time 3 years, then 1 time 2 years) if termination causes serious difficulties. Conditions: disproportionate impact (family, health, professional situation), tenant's interests superior to landlord's. Request to be addressed to conciliation authority at the latest 30 days before end of lease.

Challenging notice: The tenant challenging termination must refer to the conciliation authority at the latest 30 days before the end of the lease. The authority convenes the parties to a conciliation hearing. If no agreement is found, it issues authorization to proceed and the tenant has 30 days to refer to the court. During the procedure, the tenant must continue to pay rent.

> Defects and Repairs

Thing defects: The tenant must immediately inform the landlord of any defect (water damage, mold, defective heating, nuisances). The landlord has the obligation to remedy defects within a reasonable time. If the landlord does not react, the tenant may: 1) perform urgent repairs themselves and request reimbursement, 2) proportionally reduce rent (consignment recommended), 3) immediately terminate the lease if the defect is serious.

Renovation works: The landlord may perform works necessary for maintenance and restoration of the thing. The tenant must tolerate them unless they make use of the thing impossible or excessively difficult. If works last more than 30 days, the tenant has right to rent reduction proportional to the inconvenience suffered. For transformation or improvement works, the tenant may refuse them if they are excessive.

Inventory of fixtures: Entry: establish detailed inventory with photos, note all existing defects. The document must be signed by both parties. Exit: perform inventory in presence of landlord or their representative. The tenant must return the thing in good maintenance condition. Only normal wear due to compliant use is admitted. Defects not noted at entry are presumed caused by tenant.

Repairs at tenant's expense: Minor current maintenance (changing bulbs, regular cleaning, replacing fuses, unclogging pipes). Major repairs (heating, sanitary, windows, roof) are at landlord's expense. At end of lease, tenant must return housing clean, without traces of abnormal wear. Restoration costs may be deducted from guarantee if justified.

> Subletting and Lease Assignment

Right to sublet: The tenant may sublet all or part of the housing with landlord's written agreement (art. 262 CO). Written request with: subtenant's identity, subletting conditions (rent, duration), reason for subletting. The landlord may refuse for just reasons: excessive subrent (more than 20% increase over main rent), overcrowded housing, unreliable or annoying subtenant, contractual obligation to personally occupy. No response within 30 days = agreement deemed acquired.

Responsibility in case of subletting: The main tenant remains responsible to the landlord for all obligations (rent payment, maintenance, damages caused by subtenant). They must supervise use of the thing by subtenant. In case of damage, the landlord may turn against the main tenant, who may then pursue the subtenant. The subletting contract must not exceed the duration of the main lease.

Lease assignment: The tenant may assign their lease to a third party (definitively replace tenant) with landlord's written agreement. Conditions: propose solvent and appropriate new tenant, inform landlord of assignment conditions. The landlord may refuse for just reasons or accept against reasonable compensation (max. 3 months' rent according to case law). If abusive refusal, tenant may terminate lease for next ordinary deadline. Assignment releases initial tenant from all obligations.

Airbnb and short-term rentals: Temporary subletting via Airbnb or similar platforms requires landlord's agreement. Many leases explicitly prohibit short-term tourist rentals. Check your contract. Violation of prohibition: possible lease termination. Some cities (Geneva, Zurich, Bern) impose additional restrictions (municipal authorization, day limitation). Tax declaration of subletting income mandatory. Infractions: fines and sanctions.

Shared accommodation: If several roommates jointly sign the lease, they are jointly liable for rent and obligations. Termination: all must sign termination or one may terminate for all with effect for next deadline. If only one holds lease and sublets to others, subletting rules apply. Departure of roommate: possibility of assigning their share of lease to other roommates with landlord's agreement.

> Disputes and Conciliation Authority

Conciliation authority: In most cantons, referral to the conciliation authority for leases is mandatory before any legal action (art. 197 CO). It attempts conciliation between landlord and tenant. Competences: rent or charges challenge, termination challenge, rent reduction for defects, renovation works, guarantee return. Free or low-cost procedure (CHF 0-200 depending on cantons). Decision deadline: 1-3 months. If conciliation fails, issuing authorization to proceed for court.

Procedure before conciliation authority: Filing of request by form or reasoned letter to the authority of the location of the rented thing. Summons to hearing within 30-60 days. Hearing: presentation of positions, mediation attempt, agreement proposal. Agreement possible: approval and enforceable. Failure: authorization to proceed issued to refer to civil court within 30 days. Presence of parties mandatory (under penalty of dismissal or default decision). Possibility of being assisted by lawyer but not mandatory.

Legal action: If conciliation fails, civil court (or rental court in some cantons) decides. Procedure: filing of claim within 30 days following authorization to proceed (except termination challenge: max. 30 days before end of lease). Exchange of briefs, possible expert reports (rent valuation, housing condition), hearing, judgment. Duration: 6-18 months depending on complexity. Costs: court fees CHF 200-2,000, lawyer fees CHF 2,000-10,000. Legal aid possible for people with modest incomes.

Rent consignment: If dispute over rent amount (contested increase, reduction requested for defect), tenant may consign contested amount with conciliation authority while continuing to pay undisputed part. Consignment prevents landlord from terminating lease for non-payment. At end of procedure, consigned amount is paid to landlord if court rules in their favor, or returned to tenant. Procedure: specific form, payment to blocked account.

Limitation periods: Claims arising from lease: 5 years (art. 128 CO for rents) or 10 years for other claims. Damages related to lease: 10 years. Actions challenging rent or termination: short and mandatory deadlines (generally 30 days). Guarantee return: landlord must act within year following end of lease to deduct amounts from guarantee, otherwise full return due. Act quickly to preserve your rights.

> Cantonal Particularities and Reinforced Protection

Official forms: Each canton has mandatory official forms for: residential lease contract, rent increase, lease termination, extension request. Forms are available from cantonal conciliation authorities or on cantonal websites. Use of non-compliant form or absence of form renders the legal act invalid (e.g. rent increase without official form = void). Always download the official form of your canton.

Reinforced protection in certain cantons: Some cantons (Geneva, Vaud, Zurich, Basel-City) apply reinforced protection measures: prior control of initial rents (Geneva: all rent must be communicated and justified), facilitated lease extension, strict framework for increases. Geneva and some Vaud municipalities require specific form for initial rent justification (with net return calculation). Check specific rules of your canton.

Facilitated termination for elderly or disabled tenants: Elderly or disabled tenant benefits from special protection against terminations (art. 271a CO). Lease extension is facilitated (up to 4 years in exceptional cases). Judge examines: age and health status, lease duration and seniority in housing, possibility of finding equivalent housing, financial situation and consequences of move. Protection also in case of tenant's death: lease maintenance for spouse or relatives living in housing.

Tenant defense associations: Each canton has a tenant association (ASLOCA in French-speaking cantons, Mieterverband in German-speaking Switzerland). Services: free or reduced-price legal advice for members, contract verification, assistance in disputes, representation before authorities. Modest annual fee (CHF 70-120 depending on canton and situation). Membership recommended, especially if you are in dispute or planning a challenge. Telephone helplines and consultations by appointment.