In Switzerland, two out of three people live for rent. The legislation and the lease contract regulate the conditions of said rental, but who knows all your rights and obligations? On this occasion from the Sentence blog we will talk a little about this.

Knowing the protagonists of this process.

In the process of renting a home, the following figures arise:

The landlord: is the owner of the home. He does not live in it, but makes it available to a third party.
The lessee: he does not buy the house, but leases it for a certain time and pays a rent to the landlord, which is usually once a month.
Farm Administrator: Many landlords use the services of a farm administrator, so that he regulates on his behalf all matters related to the tenants. In this case, the contact person for the tenants is the property manager.
Concierge: In the case of large buildings, a concierge deals with tenant problems, makes small repairs and is responsible for security and maintenance.
Real Estate Cooperatives: Especially in urban areas, many homes are owned by so-called real estate cooperatives. As a general rule, tenants are members of the cooperative. They have the right to voice and enjoy special privileges and obligations.

Rent a home.

How to make the request?

If you are interested in a particular home, the first thing you should do is fill out an application form, which will indicate data such as your age, marital status, profession, number of children, nationality, the company you work for, the salary and if you own pets.

In order to prove that you are in a position to pay the rent, an Auszug aus dem Betreibungsregister / extrait du Registre des poursuites / stratto dell’Ufficio delle Esecuzioni e Fallimenti registry will be required. This document can be requested at the local collection office.

The lease.

In general, all rental housing includes the signing of a lease agreement between leased and lessee.

With this document, both parties agree to comply with the provisions of the contract.

It is important that you are sure that you have understood all the points contained in the contract and clarify any doubts before signing it.

In most cases, the lease also includes the general conditions of the contract (Allgemeinen Bedingungen / General Conditions / General Conditions of Contract) and the rules of the house (Hausordnung / Règlement d’immeuble / house regulation).

In some cantons (for example Nidwalden, Zug, Zurich, Freiburg, Neuchatel, Geneva and Vaud), the landlord must add to the contract a form informing the tenant of how to defend against an excessively expensive initial rental.

Pay a deposit.

It is normal for the lessee to pay in advance a certain amount called a deposit (or bond). The maximum amount of this deposit must be for the value of 3 months of rent; and it is deposited in a special bank account (Mietkautionskonto / Compte de guarantee de loyer / conto deposito di garanzia), whose owner is the lessee.

The deposit works as insurance for the landlord. At the end of the lease, the deposit and the interest generated are returned to the lessee.

In the case of real estate cooperatives, in general the lessee must not pay a deposit, but rather a fee to be a member of the cooperative. This amount can be much greater than three months of rent.

Transfer to rented housing.

You as a lessee have the right to move to a clean and in good condition. Before you move, you must complete the home delivery process.

You have the right to inspect the housing together with the landlord and to record in writing in a protocol any possible damages, deficiencies, and even minor damages.

It is important to mention that if at the time of renting the house you agree to keep objects or floor coverings of the previous tenant; In some cases, you will have to bear the cost of disposal when you leave the house.

About the rent payment and additional costs.

As a general rule, the rental payment must be made monthly and in advance. In most cases, you will also need to pay additional costs, for example for heating, hot water or cable TV.

It is important to mention that the landlord can bill these additional costs in different ways. If akonto / acompte / acconto is charged (that is, in advance), the landlord must submit a detailed settlement at least once a year. It could happen that you have to pay a supplement, but it is also possible that a certain amount may be returned. In any case, we suggest that the invoice corresponding to the additional costs always study it carefully.

If at any time the landlord decides to raise the rent (for example after reforms or when the mortgage interest rises (Hypothekarzins / taux hypothécaires / tassi ipotecari), it must be notified through an official form.

If you believe that the rent increase is unjustified, you may file a complaint with the arbitration authority within 30 days.

There are reasons why the lessee can ask the landlord for a reduction in rent, for example in the event of a drop in Hypothekarzinsen / taux hypothécaires / tassi ipotecari.
Some homes have been built with state aid and special rules apply to raise the rent.

About Housing Maintenance.

Over the years, all homes suffer some wear. It is important that you try to carefully treat the equipment of the house, the house itself and the building. In case of problems with the appliances or facilities (washer, dryer, fans, heating, etc.), it is best to contact the concierge or landlord.

If you want to make some modification to the house, for example painting the walls, modifying the doors, etc. It is important that you ask the landlord for authorization.

It is also your obligation to inform the landlord in case they are going to live more tenants in the house.

In case of breaks. In severe cases you should always notify the concierge or landlord immediately. If the landlord does not react, you can notify the damage again in writing and preferably by certified mail.

Small repairs or cleaning are usually your responsibility, for example the replacement of the kitchen hood filter, the oven tray or the shower hose.

Similarly, if you cause a damage, you must assume at least a part of the costs. If you are not responsible for the damage, the repair will be the responsibility of the lessor. If during the repair or maintenance work a part of the house could not be used, you can ask the landlord for a rent reduction.

Conflicts between the lessor and lessee.

In case of facing conflicts in which they fail to reach an agreement, a neutral institution can help them resolve them.

Each canton has a corresponding arbitration authority.

In the case of having an economic problem, it is best to contact the landlord and the social services of the municipality, otherwise the landlord could terminate the contract after the first notice and take it out of the house in a short term, If the rent has not been paid or has been late.

Rescind the lease.

The lease may be terminated by both the lessee and the lessor.

The terms and deadlines for termination are stated in the contract.

If you decide to terminate the contract, you must do so in writing and preferably by registered mail.

The spouses have the same rights, that is, the termination of the contract is only valid when it has been signed by both spouses. If you wish to deliver the home before the stipulated period, you can propose to the landlord a new tenant who agrees to assume the lease.

The landlord will have an approximate period of one month to check if the new tenant is qualified to comply with the lease and pay the rent. If not, the lessee must continue paying the rent for the term stipulated in the contract.

If the landlord wants to terminate the contract, he must use an official form. If the tenants are a marriage, you must send a form to each of the spouses in two different envelopes.

In special cases, for example when the rent has not been paid, the lessor may terminate the contract in a short time. Who receives a termination of the contract, has a period of 30 days to appeal to the corresponding arbitration authority.

Housing change

If you have thought about leaving the house, it is your obligation to leave it clean. If you have doubts about the objects that you should replace when you leave the house, it is best to contact the concierge or landlord on time.

The landlord must inspect the house with you and will record in writing the damage to the protocol. Together they will agree who assumes what repairs.

And as always it is important that you are sure that you have understood each of the points, since with your signature you certify that you agree and assume the possible costs.

We hope this article has been useful to you and remember that if you face any legal conflict or need advice on your rights as a tenant, we can help you in Judgment. Contact us for more information.