Tenancy law08. März 2026|
Tenancy agreement in Switzerland: rights and obligations of tenants
The most important rights and obligations for tenants in Switzerland – from the tenancy agreement to rent and termination, clearly explained.
The tenancy agreement is the foundation of every rental relationship in Switzerland. Yet many tenants do not know their rights and obligations precisely. In this article, we provide you with a comprehensive overview of the most important provisions of Swiss tenancy law.
Fundamentals of the tenancy agreement
In Switzerland, the tenancy agreement is not bound to any particular form – it can even be concluded orally. In practice, however, written contracts are the norm. Most landlords use standardised forms, such as those offered by the Homeowners' Association (HEV) or the Swiss Real Estate Association (SVIT).
A tenancy agreement should contain at least the following points: the precise description of the rental property, the net rent and the utility costs, the start of the tenancy, the notice periods, and the amount of the rental deposit.
The most important tenant rights
Swiss tenancy law (Art. 253–273c OR) grants the tenant a number of important rights:
- Right to use the rental property: the landlord must hand over the apartment in a habitable condition and maintain it in this condition throughout the tenancy.
- Rectification of defects: in the event of defects, the landlord must remedy them within a reasonable period. For serious defects, the tenant is entitled to a rent reduction.
- Protection against abusive rents: tenants may challenge the initial rent or a rent increase before the conciliation authority.
- Protection against termination: a termination by the landlord can be challenged if it violates the principle of good faith.
- Extension of the tenancy: in the event of termination by the landlord, the tenant may request an extension of the tenancy if the termination causes particular hardship.
- Right to sublet: tenants may sublet their apartment in whole or in part, provided the landlord consents.
The most important tenant obligations
In addition to rights, tenants also have a number of obligations:
- Punctual rent payment: the rent must be paid on time. In the event of late payment, notice may be given after a written reminder with a 30-day deadline.
- Duty of care: the apartment must be treated with care. Damage that goes beyond normal wear and tear is at the tenant's expense.
- Consideration for neighbours: tenants must be considerate of their fellow residents – particularly regarding noise and quiet hours.
- Obligation to report defects: defects and damage must be reported to the landlord without delay to prevent further consequential damage.
- Obligation to tolerate: necessary repair and maintenance works must be tolerated, provided they are announced and reasonable.
Rent and utility costs
The rent typically comprises the net cold rent and the utility costs. Utility costs usually include heating, hot water, caretaker, communal electricity and waste water. Precisely what can be charged as utility costs must be specified in the tenancy agreement.
Important: utility costs can be agreed as advance payments (with an annual statement) or as a flat rate. With advance payments, the tenant is entitled to a detailed statement and can request access to the supporting documents.
Termination and notice periods
The statutory notice period for apartments is three months; for commercial premises, it is six months. The termination must be effective on the customary local date – in most cantons at the end of March, June and September. Both parties must give notice using the official form.
For the tenant: a termination by the landlord can be challenged if it is abusive – for example, as a reaction to a justified complaint about defects or after an unsuccessful rent challenge.
Rental deposit – what does the law say?
In accordance with Art. 257e OR, the rental deposit for residential premises may not exceed three months' rent. It must be deposited in a blocked account at a bank in the tenant's name. Alternatively, the tenant may take out rental deposit insurance, which serves the same purpose but preserves liquidity.
goCaution offers you precisely this solution: instead of blocking your money in a restricted account, you pay an affordable annual premium and remain financially flexible.
Tenancy law08. März 2026
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