Renting a flat in Switzerland: notice, deposit, rent and defects

For tenants who have left a rented flat in Switzerland: the letter claiming back the rent deposit (Mietzinsdepot, Art. 257e of the Code of Obligations, CO). You choose who receives it: the landlord, asked to consent to the bank releasing the money, or the bank directly once a year has passed since the lease ended without the landlord pursuing a claim. It names the bank, the account, the amount, your IBAN and a reply date. Print, sign and send it registered. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants in Switzerland living with defects in their flat: the written notice to the landlord or agency. It lists what is wrong, sets a date for the repairs (Art. 259a and 259b of the Code of Obligations, CO), claims a lower rent from when the landlord knew (Art. 259d CO) and can carry the written warning that the rent will be paid into deposit, which Art. 259g CO requires first. It names your canton's conciliation authority. Print, sign, add photos and post it registered. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants in Switzerland whose landlord or agency bills repairs or replacements after the handover: the registered reply that contests the claim in full or point by point, in Italian. It states that normal wear and tear is not owed (Art. 267 of the Code of Obligations, CO), at most the remaining value of a fitting, that the tenant is released from defects not reported at once (Art. 267a CO) and that the rent deposit may not be used without consent, and it asks for evidence. Print, have every tenant sign, and send by registered post.

For tenants in Switzerland who want to sublet a room or the whole flat: the registered request for consent to the landlord or agency (Art. 262 of the Code of Obligations, CO). It discloses the terms — the part let, the person, the term, the sub-rent and service charges, furnished or not, and for the whole flat the reason and the return — names the three grounds that alone allow a refusal and sets a reply date. Every tenant signs. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants and landlords in Switzerland on moving into a flat, in Italian: the record both fill in and sign together at the handover — meter readings, keys, the condition of each room, defects found, work agreed and, on request, the previous tenant's return record and rent (Art. 256a of the Code of Obligations, CO). A second part is for defects found after moving in: the list the tenant signs and has receipted. In Ticino the municipality's property expert can also record the condition. Print two copies and sign at the walk-through.

For tenants in Switzerland whose rent rests on a higher reference interest rate than today's: the written request asking the landlord to lower the rent under Art. 270a of the Code of Obligations (CO) from the next termination date. It states the rate behind your rent, today's rate, the cut asked for and the landlord's 30 days to answer, and names your canton's conciliation authority. Every tenant signs; send it by registered post (Einschreiben). Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For main tenants in Switzerland who sublet a room in their shared flat (WG, colocation): the agreement with the room and shared areas, the rent and the service charges listed one by one (Art. 257a of the Code of Obligations, CO), the deposit in the subtenant's name (Art. 257e CO), the landlord's consent (Art. 262 CO) and notice of two weeks for a furnished room or three months otherwise. It states that the sublease depends on the main lease (Art. 273b CO). Both sides sign. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants in Switzerland whose landlord or régie bills repairs or replacements after the move-out inspection: the registered reply that contests the claim in full or point by point. It states that normal wear and tear is not owed (Art. 267 of the Code of Obligations, CO), at most the remaining value of a fitting, that the tenant is released from defects not reported at once (Art. 267a CO) and that the rent deposit may not be used without consent, and it asks for evidence. Print, have every tenant sign, and send by registered post. In French.

For main tenants in Switzerland who sublet a room in their shared flat (colocation): the agreement with the room and shared areas, the rent and the service charges listed one by one (Art. 257a of the Code of Obligations, CO), the rent deposit in the subtenant's name (Art. 257e CO), the landlord's consent (Art. 262 CO) and notice of two weeks for a furnished room or three months otherwise. It states that the sublease depends on the main lease (Art. 273b CO) and that the main tenant gives notice on the official form. Print and have both sides sign. In French.

For tenants in Switzerland who want to sublet a room or the whole flat: the registered request for consent to the landlord or régie (Art. 262 of the Code of Obligations, CO). It discloses the terms — the part of the flat, the person, the duration, the sub-rent and service charges, furnished or not, and for the whole flat the reason and the return — names the three statutory grounds that alone allow a refusal and sets a date for the answer; in the canton of Vaud the landlord answers within thirty days (art. 21 RULV). Print, have every tenant sign, and send by registered post. In French.

For tenants and landlords in Switzerland on moving into a flat: the record both fill in and sign together at the handover — meter readings, keys, the condition of each room, defects found, work agreed and, on request, the previous tenant's return record and rent (Art. 256a of the Code of Obligations, CO). A second part is for defects found after moving in: the list the tenant signs and has receipted. In the canton of Vaud such defects are reported as soon as the record is received (art. 1 RULV). Print two copies and sign at the walk-through. In French.

For tenants in Switzerland whose landlord or managing agency charges for repairs or replacements after the move-out: the registered reply that disputes the claim in full or point by point. It states that normal wear and tear is not owed (Art. 267 of the Code of Obligations, OR), at most the remaining value of a fitting, that defects not reported at once can no longer be claimed (Art. 267a OR) and that the rent deposit may not be used without consent, and it asks for evidence. Print, have every tenant sign, and send by registered post. In German.

For main tenants in Switzerland who sublet a room in their shared flat (WG): the agreement with the room and shared areas, the rent and each service charge listed (Art. 257a of the Code of Obligations, OR), the deposit in the subtenant's name (Art. 257e OR), the landlord's consent (Art. 262 OR) and notice of two weeks for a furnished room or three months otherwise. It says that the sublease depends on the main lease (Art. 273b OR) and that the main tenant gives notice on the canton's official form. Print and have both sides sign. In German.

For tenants in Switzerland who want to sublet a room or the whole flat: the registered request to the landlord or managing agency for consent (Art. 262 of the Code of Obligations, OR). It discloses the terms — the part of the flat, the person, the duration, the sub-rent and service charges, furnished or not, and for the whole flat the reason and the return — names the three statutory grounds on which alone consent may be refused, and sets a date for the answer. Print, have every tenant sign, and send by registered post. In German.

For tenants and landlords in Switzerland when a flat is handed over at the start of a lease: the record both fill in and sign together — meter readings, keys, the condition of each room, defects found, work agreed and, on request, the previous tenant's return record and rent (Art. 256a of the Code of Obligations, OR). A second part is for defects found only after moving in: the defects list the tenant signs and has receipted. Print two copies and sign at the walk-through. In German.

For tenants of a flat in Switzerland who deal with their landlord in English: the written notice ending the lease (Art. 266l para. 1 of the Code of Obligations, CO), with three months' notice to the lease's termination date, else to a local date (Art. 266c CO), and to the next possible date if the chosen one is missed. It has lines for every tenant and for the express consent of a spouse or registered partner where the flat is the family home (Art. 266m CO). Print, sign and send by registered post (Einschreiben). Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants in Switzerland who move out before the termination date: the letter to the landlord announcing the early return of the flat and proposing a replacement tenant (Nachmieter) who is solvent and willing to take over the lease on the same terms (Art. 264 of the Code of Obligations, CO). It gives the return date and the candidates, asks for an answer by a date and lists the documents enclosed. Print, have every tenant sign and send by registered post. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

For tenants in Switzerland living with defects in their flat: the written notice of defects to the landlord or the agency. It lists what is wrong, sets a date for repairs (Art. 259a and 259b of the Code of Obligations, CO), claims a lower rent from the time the landlord knew (Art. 259d CO) and can include the written warning that the rent will be paid into deposit, which Art. 259g CO requires first. It names your canton's conciliation authority, where conciliation is free. Print it, sign it, add photos and post it registered. In Italian.

For tenants in Switzerland moving out before the lease can be ended: the letter telling the landlord that the flat will be handed back early and putting forward a new tenant who is solvent and ready to take over the lease on the same terms (Art. 264 of the Code of Obligations, CO). It states the handover date and the candidates, gives the landlord a date to answer by and lists what is enclosed. Print it, have every tenant sign it and post it registered. In Italian.

For people renting a flat in Switzerland who want to leave it: the written notice to the landlord or managing agency (Art. 266l para. 1 of the Code of Obligations, CO), giving three months' notice to the date in the lease, or else to a local termination date (Art. 266c CO), and taking effect on the following date if the chosen one is missed. Every tenant signs, and where the flat is the family home so does the spouse or registered partner (Art. 266m CO); the letter also asks for a handover date and the release of the rent deposit. Print it, sign it and post it registered. In Italian.

For tenants in Switzerland whose rent is based on a reference interest rate above today's: the written request asking the landlord to lower the rent under Art. 270a of the Code of Obligations (CO), from the next termination date. It sets out the rate behind your rent, the current rate, the cut you ask for and the landlord's 30 days to answer, and names your canton's conciliation authority if they refuse. Check your claim first with the free calculator of the Swiss tenants' association (ASI in Ticino). Every tenant signs it, and it goes by registered post. In Italian.

For tenants who have left a rented flat in Switzerland: the letter claiming back the rent deposit (Art. 257e of the Code of Obligations, CO). You pick who receives it: the landlord, asked to consent to the bank releasing the money, or the bank directly once a year has gone by since the lease ended without the landlord pursuing a claim through debt enforcement or a court action. It names the bank, the account, the amount, your IBAN and a reply date. Print it, sign it and post it registered. In Italian.

For tenants in Switzerland whose rent was set at a higher reference mortgage rate than the current one: the written request to the landlord or the régie for a lower rent under Art. 270a of the Code of Obligations (CO), from the next termination date. It gives the rate your rent is based on, the current rate, the cut you ask for and the 30 days the landlord has to respond, and names your canton's conciliation authority should the landlord refuse. Check your entitlement first with the tenants' association ASLOCA's free calculator. Every tenant signs; send by registered post. In French.

For anyone renting a flat in Switzerland who wants to leave: the notice letter to the landlord or the régie (managing agency), in the written form Art. 266l para. 1 of the Code of Obligations (CO) requires, with three months' notice to the lease's end date or else to a customary date (Art. 266c CO; in Vaud, 1 April, 1 July or 1 October), taking effect on the next date if the chosen one is missed. It has a line for every tenant and one for the express consent of a spouse or registered partner when the flat is the family home (Art. 266m CO), and asks for a move-out inspection and the release of the rent deposit. Print, sign and send by registered post. In French.

For tenants in Switzerland leaving before the termination date: the letter telling the landlord or the régie that the flat will be handed back early and putting forward a replacement who is solvent and ready to take over the lease on the same terms (Art. 264 of the Code of Obligations, CO). It states the return date and the candidates, asks for an answer by a set date and lists the application papers enclosed. Print, have every tenant sign and send by registered post. In French.

For tenants in Switzerland living with defects in their flat: the written notice to the landlord or the régie. It describes the defects, sets a date to fix them (Art. 259a and 259b of the Code of Obligations, CO), claims a rent reduction from when the landlord learned of them (Art. 259d CO) and can include the advance warning that rent will be paid into a deposit office, which Art. 259g CO requires before doing so. It names your canton's conciliation authority, free of charge. Print, sign, add photos and send by registered post. In French.

For tenants in Switzerland who have left their flat: the letter claiming back the rent deposit (Art. 257e of the Code of Obligations, CO). You pick the addressee: the landlord or the régie, asked to give the bank its consent, or the bank directly once a year has gone by since the lease ended without the landlord pursuing a claim through debt enforcement or a court action. It gives the bank, the account, the amount, your IBAN and a reply date. Print, sign and send by registered post. In French.

For tenants in Switzerland whose rent rests on a higher reference interest rate than today's: the written request to the landlord to lower the rent under Art. 270a of the Code of Obligations (OR), for the next possible termination date. It states the reference rate behind your current rent, today's rate, the reduction you ask for and the 30 days the landlord has to reply, and names your canton's conciliation authority in case of a refusal. Work out your claim first with the tenants' association's free calculator. Signed by every tenant and sent by registered post. In German.

For tenants of a flat in Switzerland: the written notice to the landlord or the managing agency (Art. 266l para. 1 of the Code of Obligations, OR), with three months' notice to the lease's termination date, else to a local termination date (Art. 266c OR), and to the next possible date if the chosen one is missed. It has signature lines for every tenant and for the express consent of a spouse or registered partner where the flat is the family home (Art. 266m OR), and asks for a handover date and the release of the rent deposit. Print, sign and send by registered post. In German.

For tenants in Switzerland who have moved out: the letter asking for the rent deposit back (Art. 257e of the Code of Obligations, OR). You choose the addressee: the landlord, who is asked to give the bank their consent to release it, or the bank itself once a year has passed since the lease ended without the landlord pursuing a claim through debt enforcement or a court action. It gives the bank, account, amount, your IBAN and a date for the reply. Print, sign and send by registered post. In German.

For tenants in Switzerland who move out before the termination date: the letter to the landlord announcing the early return of the flat and proposing a replacement tenant who is solvent and willing to take over the lease on the same terms (Art. 264 of the Code of Obligations, OR). It gives the return date and the candidates, sets a date for the landlord's answer and lists the documents enclosed. Print, have every tenant sign and send by registered post. In German.

For tenants in Switzerland with defects in their flat: the written notice of defects to the landlord or the agency. It describes the defects, sets a deadline to repair them (Art. 259a and 259b of the Code of Obligations, OR), asks for a rent reduction from the time the landlord knew of them (Art. 259d OR) and can give the written warning that rent will be deposited, which Art. 259g OR requires first. It names your canton's conciliation authority, whose procedure is free. Print, sign, enclose photos and send by registered post. In German.