Tenant damage at move-out – what you need to know

The Code of Obligations (CO) regulates how a rented property must be returned. The question of when the landlord may retain the rental deposit is also closely linked to this. Under Art. 267 Para. 1 CO, the property must be returned ‘in the condition resulting from contractual use’. However, interpreting proper use is not always straightforward. To simplify matters, the Swiss Tenants’ Association (MV) and the Homeowners’ Association (HEV) have jointly compiled a lifespan table. It assigns different lifespans to various items.

You have lived in a rented apartment for five years. When you move out, the silicone joints in the bathroom show clear signs of wear and the ceramic hob no longer works properly and needs replacing. The landlord notes that the joints were last renewed about eleven years ago and the kitchen is now almost 15 years old. In this case, it is wear and tear from normal use and you as the tenant do not have to pay for the repairs.

You moved into an apartment where the bathroom had just been newly renovated. When you move out after seven years, the landlord finds that the toilet bowl is cracked. Since the normal lifespan of a toilet bowl is up to 20 years, you must contribute to the repair costs. As a tenant, however, you only cover the residual value. This means you pay approximately one third and the landlord covers two thirds of the costs.

The tenant is always responsible for minor repairs – known as ‘petit entretien’ (minor maintenance). This applies both during the tenancy and at move-out. Minor maintenance includes repairs that can be carried out without specialist knowledge. A cost threshold of CHF 150 has become established. Examples include tightening a loose screw or oiling hinges. Additionally, tenants must pay for small parts such as a new stove grate or a new filter for the extractor hood.

If an item has not yet reached the end of its lifespan and has been damaged by the tenant, the tenant does not have to pay the full replacement cost. Instead, the so-called residual value is calculated. The formula is simple: residual value = (remaining lifespan ÷ total lifespan) × replacement cost.

Example: a laminate floor has a lifespan of 15 years and was damaged by the tenant 10 years after installation. The replacement cost for the floor is CHF 3,000. The tenant only has to pay the residual value: (5 ÷ 15) × CHF 3,000 = CHF 1,000. The landlord bears the remainder.

The apartment handover is the decisive moment. All defects and damage are recorded in the handover report. It is therefore essential for tenants to be present at the handover and to review the report carefully.

The landlord only has to return the rental deposit once the tenant has fulfilled all outstanding claims. If no damage is found during the apartment handover, the landlord must return the deposit within 30 days. If there is damage, the deposit can be withheld for up to one year. If the landlord has not managed to address the damage within one year, the full deposit must be returned to the tenant. The same applies to rental deposit insurance, which must then also be cancelled. Incidentally, if the tenant and landlord cannot agree, the burden of proof always lies with the landlord.