Swiss tenancy law offers extensive protection and often-overlooked rights. This article explains key tenant rights and points to consider.
An overview of tenant rights in Switzerland
Many tenants do not know their rights. Swiss law protects the rented home as a personal living space. Damages may be available in some circumstances. Rights cover the agreement, termination and the tenancy itself. The following non-exhaustive list addresses defects, abusive termination and abusive rent.
Remedying defects under Swiss tenancy law
Defect remedies distinguish between defects existing at the start and those arising during the tenancy, and between minor, moderate and serious defects.
Defects at the start of the tenancy
Tenants are entitled to premises suitable for the agreed purpose. The landlord must hand them over in a condition reasonably expected for that use. A rented home must be habitable, assessed objectively: for example, the water supply should work and the entrance door should have a lock.
Defects during the tenancy
Report defects arising during the tenancy to the landlord immediately to pursue your right to rectification.
Minor defects
Tenants must remedy minor defects requiring simple, inexpensive cleaning or repairs, such as replacing a light bulb. These costs fall to the tenant even without fault.
Moderate and serious defects
You are entitled to rectification of moderate and serious defects. If the landlord does not act within a reasonable period, you may arrange repairs and charge the cost to them, subject to legal conditions. Another option is depositing rent with the competent authority. Serious cases may permit termination without notice.
Protection against abusive rent
Protection against abusive rent is a key Swiss tenant right. Rent is abusive if it produces an excessive return or is based on an inflated purchase price. Comparable properties' rents may be relevant when assessing existing buildings.
Protection against abusive termination
A landlord's notice contrary to good faith may be abusive and can be challenged by the tenant.
Art. 271a OR identifies termination contrary to good faith where it is given:
because the tenant asserts tenancy rights in good faith;
because the landlord seeks a unilateral change detrimental to the tenant or a rent adjustment;
solely to induce the tenant to buy the rented apartment;
during tenancy-related conciliation or court proceedings, unless the tenant initiated them abusively;
within three years after tenancy-related conciliation or court proceedings in which the landlord:
was unsuccessful to a substantial extent;
withdrew or substantially reduced the claim or action;
waived recourse to the court;
reached a settlement or other agreement with the tenant;
because of changes in the tenant's family circumstances causing no substantial disadvantage to the landlord;
A few exceptions allow termination despite the protections above, including termination:
for urgent personal use by the landlord or close relatives;
because of rent arrears;
because of a serious breach of the tenant's duty of care and consideration;
because the property was sold;
because of the tenant's bankruptcy;
for other compelling reasons making continuation unreasonable for the landlord;
If an abusive notice is given and none of the exceptions applies, take the following action.
Challenge the notice before the conciliation authority at the property's location within 30 days of receiving it.
Other important tenant rights
Other important rights include:
Early return of the premises with a proposed replacement tenant
Subletting under specified conditions
Consult lawyers experienced in Swiss tenancy law for further information or legal support.
Conclusion
Swiss tenancy law provides extensive protection. Know your rights and consult experienced legal experts with questions or problems to use them appropriately.