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Reply contesting damage claims after moving out of a flat, in Italian (Switzerland)

Switzerland · in Italian · for tenants

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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.

  • Last updated November 4, 2026
Switzerland
Italiano
Real Estate
Complaint & Appeal
Print & sign
2 pages

Published byDocMuse

When to use this document

  • After moving out in Switzerland, the agency bills you for repainting the whole flat.
  • Your landlord in Ticino wants the price of a new hob to replace a twenty-year-old one.
  • The damage claim arrived weeks after you handed back the keys.
  • The landlord wants to keep the rent deposit for damage you dispute.

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 (in Italian)
  • 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 (in Italian)
  • Deadline for a response
  • Contact phone

Common questions

How soon after I move out must a Swiss landlord name the damage I am blamed for?
At the actual return or immediately after: the landlord checks the flat and tells the tenant at once, and specifically, of the defects the tenant answers for (Art. 267a para. 1 CO); the handover record can be that notice if it names them, a general remark cannot. The Federal Supreme Court cites legal writers for whom notice comes as a rule within two or three working days, and held one given just over two months after the keys were returned to be late (judgment 4A_388/2013). Without timely notice the tenant is released from all liability, except for defects an ordinary inspection could not reveal, which are reported once found (paras. 2 and 3).
When I leave a Swiss flat, is the full new price of an old fitting ever mine to pay?
No. Only damage beyond use in line with the lease is owed; the marks of ordinary living are paid for by the rent (Art. 267 para. 1 CO). For a replacement the remaining value counts: the joint life-span table 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 CO). In Ticino the municipality's property expert (perito degli immobili) can record the condition of the flat at the landlord's or the tenant's request, the cost borne by whoever asks (art. 12 and 13 of the cantonal act of 24 June 2010).
May a Swiss agency keep the rent deposit blocked while the damage is in dispute?
The deposit stays blocked at the bank, but the agency cannot help itself to it: the bank releases it only with both parties' consent or on a final payment order or judgment (Art. 257e para. 3 CO). A landlord who maintains the claim must pursue it by debt enforcement or before the tenancy conciliation authority. If that does not happen within a year of the end of the lease, the bank releases the deposit at the tenant's request alone; a separate letter asks for it.
Did signing the move-out handover record commit me to paying the repair bill?
Not necessarily: it depends on what the record says. If it only records the condition, your signature confirms that condition, not a debt. If it says you will bear certain costs, the signature can count as acknowledging them, and a signed acknowledgement of debt can let the landlord obtain provisional removal of an objection in debt enforcement (Art. 82 of the Debt Enforcement Act, LEF in Italian). That is why the letter acknowledges no part of the claim and states what the signature means.

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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