Rental contracts in Switzerland
Over two-thirds of the Swiss population live in rented accommodation. In Switzerland, owning property is restricted to citizens or those who have long-term residence permits. Therefore, the majority of expats will have to start their life in Switzerland in rented accommodation. If you are looking for a house, it's good to have an understanding of what goes into rental contracts in Switzerland, and what your rights are as a tenant when it comes to rent increases and contract terminations.
Rental contracts in Switzerland
A rental contracts is a written agreement between a landlord or landlady and a tenant. Typically, landlords in Switzerland prefer managing tenants through rental housing agencies, but you may occasionally deal with the landlord in person.
A rental contract is designed to lay out the exact rules governing the tenancy, and the roles and obligations that each party has. There are two types of rental contracts in Switzerland:
- Fixed-term rental contracts
- Indefinite rental contracts
Fixed-term rental contracts
Fixed-term rental contracts are agreements between a tenant and a landlord that allow you and your family to stay in a property for a pre-determined amount of time, until a set end date when the contract expires. These contracts are typically used for short-term lets as well as student housing.
Under a short-term contract, your landlord is allowed to seek out a new tenant while you are still residing in the property, although you as the current tenant will usually be given the option to renew your rental contract when it expires for another fixed contract. It is also common for these contracts to have looser agreements around maintenance and cleaning.
Indefinite rental contracts
Indefinite rental contracts are the most common in Switzerland. They allow a tenant to stay in the property indefinitely, for as long as they choose to. Indefinite contracts have no end date and landlords may not terminate these contracts without a just cause.
Checklist: What is included in a Swiss rental contract?
Before signing your rental contract, it is important to know what should be included. In Switzerland, landlords are given the freedom to determine specific rules and terms within rental contracts, so it's good to carefully check what you are agreeing to.
Rental agreements do not have to take any specific legal form, and in some more rural cantons, contracts can be concluded orally. The Swiss government has created a model rental contract which will give a good idea of what is involved.
General conditions
Under the terms laid out in your rental contract, you will be subject to a list of general conditions. These set the terms for the financial agreement between tenant and landlord. It will also include strict definitions of what is considered to be your accommodation, as well as any additional costs such as parking. The most common things you will find in general conditions are:
- Identity of landlord and tenant
- Type of housing
- Full and detailed description of what is being leased
- Whether it is a fixed-term or indefinite contract
- Rent and other expenses
- Details of any rent deposit
- Official move-in date as defined by your canton
House rules
The house rules section of the contract is for the landlord to outline the exact rules and requirements for living in their property. These sections vary between landlords but some of the most common rules are:
- Curfew agreements for noise and utilities such as showers
- Privileges such as laundry room access and parking
- General rules around cleanliness and maintenance of fixtures
- Rules around subletting
Move-in date
A unique part of Swiss rental agreements is the specific times when a lease can begin. Instead of a flexible system where you can move in at any time, different cantons have different dates for when you are able to move in. These can range from the end of every month to only three dates a year. However, bear in mind that if you are taking over the lease of the previous tenant rather than starting a new lease, the move-in days are more flexible.
Permitted move-in dates
Canton | Official move-in days |
---|---|
Aargau | March 31, June 30, September 30 |
Appenzell Innerrhoden | End of every month apart from December |
Appenzell Ausserrhoden | End of every month apart from December |
Basel-Land | End of every month apart from December |
Basel-Stadt | End of every month apart from December |
Bern | April 30 and October 31 (city of Bern); end of every month apart from December in most other councils |
Fribourg | March 31, June 30, September 30, December 31 |
Geneva | Move in any day |
Glarus | End of every month |
Graubünden | March 31, June 30, September 30 in most councils |
Jura | March 31, June 30, September 30, December 31, or the end of every month |
Lucerne | Move in any day |
Neuchâtel | March 31, June 30, September 30 |
Nidwalden | March 31, June 30, September 30 |
Obwalden | March 31, June 30, September 30 |
Schaffhausen | End of every month apart from December |
Schwyz | End of every month apart from December |
Solothurn | March 31, September 30 in most councils |
St. Gallen | End of every month apart from December |
Ticino (Lugano) | March 29, September 29 |
Ticino | Either move in any day, or March 31 or September 30 |
Thurgau | End of every month except December, or March 31, June 30, September 30 |
Uri | End of every month apart from December |
Vaud | April 1, July 1, October 1 in most local councils |
Zug | March 31, June 30, September 30 |
Zurich (canton) | March 31, June 30, September 30 |
Zurich (city) | March 31, September 30 |
Cleaning and maintenance obligations in a Swiss apartment
As part of your rental contract, your landlord will detail a specific cleaning routine for when you move out of your apartment, as well as basic obligations while you are staying there. This section also details any liability for the contents of your house and any maintenance costs you might have. This can be either paid by the landlord/letting agent, private insurance or by the tenant.
What are my rights as a renter in Switzerland?
In Switzerland, the government gives tenants recourse to various rights they can make use of if they believe that they are being treated unfairly. The majority of these rights relate to the cost of renting and can be used by any tenant on any contract.
Rent reduction
If you believe that you are being charged too much by your landlord, you may consider asking for a rent deduction. You can do this if you find that you are paying significantly more than the previous tenant, your apartment or house is reduced in value due to decay or construction projects, or if interest rates decrease.
In order to apply for a rent reduction, you must write an official letter to your landlord. This must detail why you think your rent should be decreased and should contain any evidence to support your application.
Your landlord is required to respond within 30 days of your letter. If they do not respond, you are advised to attend your local council (Gemeinde) for help. This also applies if you are looking to reduce your rent because of personal hardship or due to claiming unemployment benefits or welfare.
Protesting a rent increase in Switzerland
Your landlord must inform you of any increase to your rent three months and 10 days before the official increase. There, they must detail the reasons why your rent is increasing. These can be increases due to interest rates, inflation, new maintenance costs or additional investments made in the property (such as new appliances).
If you believe that your rent is being increased unjustly, attend your local Gemeinde who will refer you to your local conciliation authority. Your landlord is unable to terminate your rental contract while your appeal is being made.
Independent arbitration
If no agreement can be reached with your landlord, your local conciliation authority will be able to offer advice and adjudicate between the two parties. If no such agreement can be concluded, matters will be taken to court, in which case you should consult with a lawyer.
Terminating a rental agreement in Switzerland
If you plan to move and need to terminate your rental contract, you must inform your landlord within three months of your departure. During this time, your landlord is free to seek out new tenants for the property.
Your contract may also define a specific point in the year when you can move out, usually relating to the official move-in dates for your canton, so be sure to send in your notice as soon as possible. Please bear in mind that you cannot immediately withdraw from a rental contract once it is signed. In Switzerland, there is no “cooling off period” after the contract is concluded.
Terminating an agreement without a notice period
If you would like to leave before the notice period on your contract, you can try to find a new tenant for the property. If they take over your lease, you are not obliged to serve out the notice period. This new tenant must be financially sound and must pass any relevant criteria that the landlord has. If they do pass, you will be able to hand the tenancy over at any time.
Landlord termination
Landlords have the ability to terminate your rental agreement so long as they do so using the official process. Your landlord must notify you of the termination before the official notice period, which is at least three months.
A landlord is permitted to terminate a rental contract in circumstances such as:
- The tenant is not paying rent and the landlord has already sent them a written warning regarding unpaid rent.
- The tenant loses their job or accumulates debt and therefore no longer has sound finances.
- The tenant has caused damage to the property.
- The landlord has sold the property and the new owner wants to move in.
As a tenant, you have the right to know the reasons for the termination. Your landlord must explain their reasoning when they give you notice of the contract termination.
If you do not believe that the termination was done for appropriate reasons, you can appeal to the conciliation authority. You must do this within one month of receiving the notice of termination. If an agreement cannot be reached through the conciliation authority, the case will be sent to court.
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