Rental deposit14. März 2026|

When can the landlord keep the rental deposit?

In which cases may the landlord retain the rental deposit? Rights and obligations for tenants and landlords in Switzerland.

The rental deposit is intended to protect the landlord – but that does not mean they can simply keep it. In practice, disputes regularly arise over whether the landlord is entitled to retain part of the deposit or not. In this article, we clarify what rights and obligations both parties have.

The rental deposit is the tenant's property

A widespread misconception: the rental deposit does not belong to the landlord. It remains the property of the tenant and is merely held as security. That is why, in accordance with Art. 257e OR, the deposit must be placed in a blocked account at a bank in the tenant's name. The landlord cannot simply access it.

Only if there are legitimate claims and the tenant agrees – or a court orders it – can the landlord access the deposit.

Legitimate reasons for retaining the deposit

The landlord may retain the rental deposit in whole or in part if one of the following reasons applies:

Rent arrears: if the tenant is in arrears, the landlord may settle these from the deposit.
Damage beyond normal wear and tear: damage to the property that goes beyond normal wear and tear can be claimed by the landlord. The joint lifespan table serves as a guideline.
Outstanding utility costs: until the final utility bill is issued, the landlord may retain a reasonable portion of the deposit.
Cleaning costs: if the apartment is not returned in a contractually compliant condition, the landlord may claim cleaning costs.

What the landlord may not do

The landlord may not simply retain the deposit as a flat sum. They must quantify and substantiate their claims specifically. The following are not permitted:

Deductions for normal wear and tear: marks from proper use are at the landlord's expense.
Deductions without receipts: every claim must be supported by an invoice or a cost estimate.
Flat-rate deductions: blanket deductions without a detailed breakdown are not permissible.
Deductions for items that have exceeded their lifespan: if, for example, a carpet is 10 years old and has reached the end of its lifespan, the landlord cannot demand a replacement from the tenant.

The role of the joint lifespan table

The joint lifespan table of the Swiss Tenants' Association is the central instrument for assessing tenant damage. It sets an expected lifespan for almost all components of an apartment – from wall paint and floor coverings to kitchen appliances.

Example: if a laminate floor has a lifespan of 15 years and is damaged after 12 years, the tenant only has to bear the residual value of 3/15 of the replacement cost. After 15 years, the landlord would be solely responsible for the replacement.

Deadlines and procedures for landlords

The landlord must act quickly: defects must be recorded in the handover report at the apartment handover. Hidden defects discovered later must be reported immediately upon discovery. If the landlord fails to meet this obligation to give notice, they lose their rights.

Furthermore, the landlord must assert their claims in court within one year of the end of the tenancy; otherwise, the deposit is automatically paid out to the tenant. Read our step-by-step guide to reclaiming the rental deposit.

How rental deposit insurance can help

With rental deposit insurance from goCaution, your money is not blocked in a restricted account. In the event of legitimate claims, the insurance pays the landlord. In addition, you benefit from a professional mediation service that intervenes in disputes between tenant and landlord.

Rental deposit14. März 2026

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Rental deposit15. Sept. 2024

How the rental deposit works in Switzerland

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