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Reply disputing a landlord's damage claims after moving out, in German (Switzerland)
Switzerland · in German · for tenants
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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.
- Made for use in Switzerland
- Last updated November 4, 2026
Published byDocMuse
When to use this document
- After moving out of a flat in Switzerland, the agency is charging you for damage you did not cause.
- The landlord wants the full price of a new floor or kitchen for one that was already old.
- Weeks after you handed back the keys, a bill for repairs suddenly arrives.
- You want to dispute the damage claim in writing before anything is taken from your rent deposit.
What you fill in
The details the document asks for.
- Tenant
- Tenant's address
- Landlord
- Landlord's address
- City
- Date
- Address of the property
- Date of the contract
- Handover date
- Date of the landlord's letter claiming damages
- Amount claimed by the landlord (CHF)
- Dispute the whole claim, or only some points
- Each disputed item and why (e.g. normal wear, already there at move-in, too old, amount too high)
- Date the landlord first reported the defects (only if not at once)
- Date of the move-in record (if defects were already listed in it)
- Defects already there at move-in
- Date of the move-out record you signed (if any)
- Rent deposit: refuse its use for the claim, or there is none
- Deadline for a response
- Contact phone
Common questions
- How quickly must a Swiss landlord report defects after the flat is handed back?
- At once. The landlord checks the flat at the return or immediately afterwards and reports straight away the defects the tenant is to answer for (Art. 267a para. 1 OR), and specifically: a move-out record can be that notice if it names them; a general remark is not enough. The Federal Supreme Court, following legal writers, gives two or three working days as the rule, and held a notice given just over two months after the keys were returned to be late (judgment 4A_388/2013). A late notice loses the claims, except for defects an ordinary inspection could not reveal, which must be reported as soon as they are found (Art. 267a paras. 2 and 3 OR).
- What does a tenant in Switzerland have to pay for after moving out?
- Only damage beyond use in line with the lease; the marks of ordinary living are paid for by the rent (Art. 267 para. 1 OR). If something must be replaced, its remaining value counts: the joint life-span table of the landlords' and tenants' associations (paritätische Lebensdauertabelle) gives each fitting a life span, and you bear only the part still left. A flat fee agreed in advance that covers more than the loss is void (Art. 267 para. 2 OR). In the canton of Vaud, art. 9 RULV limits a replacement to its depreciated value.
- Can a Swiss landlord simply take the damage claim out of the rent deposit?
- No. The bank releases the deposit only with both parties' consent, on a final payment order or on a final court decision (Art. 257e para. 3 OR). A landlord who maintains the claim must pursue it by debt enforcement or before the tenancy conciliation authority. If they do not within a year of the end of the lease, the tenant can ask the bank alone for the deposit; a separate letter does that.
- Am I bound by my signature on the Swiss move-out record (Rückgabeprotokoll)?
- It depends on the wording. If the record only notes the condition, your signature confirms that condition, not a debt; in the canton of Vaud, art. 36 para. 5 RULV says expressly that the move-out record is no acknowledgement of debt. If it says you will pay certain costs, the signature can count as acknowledging them, and a signed acknowledgement of debt can give the landlord provisional removal of an objection in debt enforcement (Art. 82 SchKG). That is why the letter itself acknowledges no part of the claim.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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Related documents
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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.
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