Tenancy law

Tenancy law regulates the relationship between landlord and tenant.  

  • Have you received a termination notice from the landlord and would like to contest it or have the tenancy extended?  
  • Do you have a tenant who does not pay the rent or does not pay it on time?  
  • Does the landlord refuse to have defects rectified at his own expense?  
  • Would you like to apply for a rent reduction?  
  • Would you like to sublet your apartment?  

Tenancy law is regulated in principle in Art. 253 ff. of the Swiss Code of Obligations (CO). Art. 253 CO stipulates the obligation of the landlord to provide the tenant with an object for use and obliges the tenant to pay the landlord rent for this.  

The tenant must pay the rent and any ancillary costs at the end of each month, but at the latest at the end of the rental period, unless another date has been agreed or is customary in the location (Art. 257c CO). If the tenant is in arrears with the payment of rent or ancillary costs due after taking possession of the property, the landlord may set him a payment deadline in writing and threaten that the tenancy will be terminated if the deadline expires without payment. This period is at least ten days, and at least 30 days for residential and commercial premises (Art. 257d OR). If the tenant does not pay within the set period, the landlord may terminate the tenancy without notice, or in the case of residential and commercial premises with at least 30 days' notice to the end of a month.  

Landlords and tenants of residential and commercial premises must give notice of termination in writing (Art. 266l CO). The landlord must give notice of termination using a form that has been approved by the canton and specifies how the tenant must proceed if he wishes to contest the termination or request an extension of the tenancy.  

If the rented property serves as a family home, one spouse can only terminate the rental agreement with the express consent of the other (Art. 266m CO). Notice of termination by the landlord must be served separately on the tenant and his or her spouse or registered partner (Art. 266n CO), otherwise the termination is null and void.  

Disputes arising from rents and leases are not dealt with by the justice of the peace offices, but rather by the arbitration authorities for rents and leases.