Commercial tenancy law
We support you in Swiss tenancy law with leases, housing defects, rent issues and termination. Together, we examine your rights as tenant or landlord and clarify which steps and deadlines must be observed in your situation.
Lease, ancillary costs and deposit
Tenancy rules are found particularly in Art. 253 et seq. OR. The lease, general terms and handover report largely determine the agreed use and condition. Mandatory protective rules cannot be arbitrarily excluded by contract.
Ancillary costs are owed only if specifically agreed. Accounts should be transparent; tenants can generally request inspection of supporting records. Cash security for residential premises must not exceed three months' rent and must be deposited in a bank account in the tenant's name.
Defects and rent
Landlords must deliver and maintain rented property in a condition suitable for the intended use. Depending on the nature and severity of defects, rights to rectification, rent reduction or compensation may arise. Minor cleaning and repairs forming ordinary maintenance may, however, be the tenant's responsibility.
Defects should be reported promptly and documented with photographs, dates and correspondence. Simply stopping rent payments is risky. A lawful deposit of rent requires a specified procedure.
Rent increases and certain other contractual amendments by landlords are subject to formal and deadline requirements. An adjustment following a change in the reference interest rate is not purely automatic either: other calculation factors and previous adjustments must be considered.
Termination, return and conciliation
Termination of residential and commercial leases requires observance of contractual and statutory dates, notice periods and formalities. An official form is generally required for landlord termination. Additional protective provisions apply to family homes.
Termination may be challenged under statutory conditions; an extension may be possible depending on hardship. The conciliation authority at the property's location generally has jurisdiction. Short deadlines apply to various applications — do not delay after receiving termination or a rent increase.
A careful return report helps distinguish normal wear from damage requiring compensation. Early return may release the tenant from further rent payments under certain conditions if a suitable, solvent replacement tenant is willing to take over on the same terms.
Frequently asked questions
How much can a residential tenancy deposit be?
For residential premises, security in cash or securities must not exceed three months' rent. It must be deposited with a bank in an account or custody account in the tenant's name. Statutory conditions apply to release.
May I pay less rent because of mould?
A significant defect may justify a rent reduction. Cause, extent, impairment and the landlord's knowledge matter. Report and document the defect. Do not reduce or stop payment without reviewing the correct procedure.
What can I do about a rent increase?
Review the reasons, official form and calculation. An abusive increase may generally be challenged before the conciliation authority within 30 days of notification. Specific deadlines and possible formal defects should be checked promptly.
Can I challenge termination of my residential lease?
Yes, if the statutory requirements are met. For indefinite tenancies, a challenge and request for extension generally must be filed with the conciliation authority within 30 days of receipt. Further rules apply to fixed-term tenancies and special grounds for termination.
Is one replacement tenant enough for an early departure?
Under Art. 264 OR, one suitable replacement tenant may suffice if acceptable, solvent and willing to take over on the same terms. The landlord must be allowed reasonable time to assess them. A mere advertisement or non-binding expression of interest is insufficient.
Must I pay for every sign of use when returning the property?
Normal wear from contractual use is generally covered by rent. For damage beyond this, factors including age, condition and remaining useful life of the affected fitting must be considered. Do not sign a disputed return report without review.
Documents for your consultation
- Lease, ancillary-cost agreement and statements
- Handover report, photographs and written defect notices
- Termination or rent-increase form with receipt date
Legal sources
Complex questions from practice
How can I correctly deposit rent for an unremedied defect without falling into payment default?
Depositing rent requires a statutory procedure, including a written defect notice, a reasonable deadline to remedy it and notice of the intended deposit. Rent is deposited with the competent body, not in your own savings account.
Document the defect, receipt of the notice and subsequent steps. The deadline for applying to the conciliation authority must also be met. Unilaterally stopping payments is not the same as a lawful deposit and may create additional risks.
Does my right to a rent reduction survive a change of owner or landlord?
A change of owner does not automatically remove existing tenancy claims. For a rent reduction, the previous calculation basis and earlier adjustments must particularly be examined. The history of the specific tenancy matters, not just current ownership.
Have the lease, adjustment letters and previous reduction requests available. They show which factors were already considered and how a new request can be supported. Required dates and procedural steps must be observed separately.
Is termination of the family home's lease valid if only one spouse gives notice?
For a family home, termination by tenants generally requires the other spouse's express consent. This must be distinguished from landlord termination, which may require special separate service. Who signed the lease also matters.
Review the notice, service and any family-law decisions on use of the home. A spouse moving out does not automatically end the tenancy or their liability. If uncertain, clarify running deadlines promptly.
Can I challenge both termination and a subsequent rent increase in connection with renovation?
Challenging termination and reviewing a rent increase are different procedures with their own requirements and deadlines. Renovation justifies neither every termination nor any increase of unlimited amount. Scope, cost allocation and specific reasons must each be examined separately.
Record receipt dates and preserve information on the planned works. Negotiations with the landlord do not automatically preserve statutory deadlines. Clarify early which applications must be made to the competent conciliation authority.