- Autumn foliage and leaf blowers – what’s the best way of dealing with them?
- Night-time noise restrictions in Switzerland – what’s allowed and what’s not
- Utility Costs: “What do I really have to pay?”
- Renovating apartments
- Construction defects in new-builds: here are your rights
- As a tenant, am I entitled to demand renovation work?
- What to do when neighbours are causing trouble
- Energy-efficient refurbishment: Rent increase?
- New-build delay: what should you do?
- Smoking in Your Rented Apartment
- Duplicate key for the landlord – allowed or not?
- Trash disposal: Rights and obligations
- How much noise should children be able to make?
- Verbal rental agreement: what you need to know
- Snow Removal – who is Responsible?
- Challenging your rent: “What are my rights?”
- Share Wi-Fi: With your neighbor on the Web
- Drying laundry indoors – what is allowed?
- What is allowed in the stairwell?
- What happens after the death of a tenant?
- Painting walls in a rented property: allowed?
- What is included in a rental agreement?
- Monthly rent
- Notice of termination by the tenant
- Notice of termination by the landlord
- Wear and tear
- Minor repairs
- Utility bills: do I have to pay extra?
- Utility costs for apartments: five things you should know
- House rules: What do tenants need to bear in mind?
- Trouble with your landlord: what are your rights?
- Rising mortgage costs: what you need to know as a landlord
- A landlord’s key rights and responsibilities
- Renovation work: rights, obligations and practical tips
- Mould in your home: causes, risks and tips
- Acceptable questions in rental applications
- Barbecuing on the balcony
Which questions are acceptable in rental applications?
When searching for new tenants, most property managers use a standardised application form. This contains questions that help them to decide which applicant is most suitable. But which questions are actually acceptable?
When property managers (or private individuals) advertise an apartment for rent and receive applications from prospective tenants, they have to decide which applicants are most suitable. There are obvious criteria, such as salary: if the monthly rent is CHF 5,000, for instance, the apartment will not be suitable for someone with a salary of CHF 4,000.
Therefore, property managers have to ask applicants a number of questions in order to obtain such key information. They usually do this by issuing a standardised application form that includes such details.
However, tenants are not obliged to disclose everything about themselves. As soon as questions become too personal or are irrelevant to the allocation of accommodation, they are not permitted.
Examples of acceptable and unacceptable questions
Let’s start by looking at the example of salary, as mentioned above. This information is relevant for property managers (at least in terms of salary ranges), as it is needed to verify whether prospective tenants are actually able to pay the rent. However, questions about which political party an applicant voted for or which religion they belong to are not acceptable for reasons of privacy protection.
Examples of acceptable questions that must be answered truthfully by prospective tenants (not exhaustive):
- Name, address, date of birth
- Occupation, employer
- Swiss nationality or type of residence permit
- Individuals who will be living in the apartment but are not party to the contract
- Use of the apartment
- Income in salary categories
- Interest in subletting agreements
- Debt recoveries in the last two years
- Pets
- Number of cars
- Whether the applicant’s current rental contract has been terminated by the property management and why
- Regular playing of loud musical instruments or other exceptional cause of noise
Examples of unacceptable questions (not exhaustive):
- Political orientation or party affiliation
- Religion
- Sexual orientation
- Family planning
- Chronic diseases
What can applicants do if they are asked unacceptable questions?
If an unlawful question is asked in an application form, prospective tenants have the following options:
Answer truthfully nonetheless: If they wish, they can answer an inappropriate question according to the facts.
Call the property manager: Depending on the situation, a question may not appear legitimate at first, but the property manager may have justification for it.
Leave blank (or make a false statement): Applicants are generally allowed to make false statements in response to inappropriate questions, just as they would be in a job interview. However, this may be less advisable when applying for a rental apartment. It may be preferable to talk to the property manager in person or decline to answer the question.
Please note that false statements are only legal in the case of genuinely unlawful questions. If you lie about your job or your salary, for example, this could result in an eviction.
Exception: musical instruments
As making music in rented apartments can often lead to annoyance among neighbours, property managers are keen to enquire about any musical activities by prospective tenants.
It is important to draw a distinction here, as not all instruments are the same: a drum kit will make much more noise than a harp. A drummer in a rock bank who will be practising regularly at home must indicate this in the “Exceptional cause of noise” section. However, quieter musical instruments that are played only occasionally do not need to be mentioned in the application process.
References
In principle, property management companies are allowed to request references for prospective tenants. These must be clearly identified as such on the application form. Of course, these referees must not be asked any inappropriate questions either.
