House rules: What do tenants need to bear in mind?

The house rules are part of the rental agreement

The basic thing to remember about house rules is that the property manager or owner cannot come up with random rules at their own whim and enforce them on your day-to-day life. Any restrictions or prohibitions must be set out in writing in the house rules. This document must also have been specified as part of the rental agreement when the agreement was signed (i.e. when the rental relationship began). You can find more information about the rental agreement here. Strictly speaking, subsequent changes to the house rules constitute a change to the agreement, so your landlord needs to implement them in the proper way (contractual change via form, etc.).

House rules: basic principles

There must be an objective reason behind any requirements and prohibitions, and they need to be proportionate. For example, for an apartment building in a city or a medium-sized town, it would not be reasonable for the property manager to prescribe what is and is not welcome in terms of balcony decoration or flowers. There must be a rational, objective reason for such regulations. If you rent a listed farmhouse in the Emmental, however, you have to reckon with the fact that you may not be completely free in your choice of flowers. In this case, it may be justifiable for the house rules to stipulate red geraniums and prohibit inappropriate floral decoration, on account of the villagescape.

Do outdated rules need to be followed?

Many house rules still contain regulations that now seem somewhat outdated, such as a ban on doing laundry on Sundays, or stipulations for how and when to beat a rug. Experts and lawyers are of the opinion that such regulations are no longer in keeping with the times and cannot be reasonably justified. Overly rigid rules mostly date from a time when washing machines were still deafeningly noisy. Newer apartments and laundry rooms in particular are also far better soundproofed than they used to be. But lifestyles are changing, too. Many people work during the week, so they appreciate being able to put the washing on in the evening or at the weekend. From a purely legal perspective, you are generally free to ignore such rules. For instance, property managers cannot take any action against you on the basis that you did some laundry on Sunday in spite of a ban. However, they may look to find another reason that can be justified.

Do I have to accept rules that are extreme or intrusive?

Tenants do not have to put up with extreme or overly intrusive rules (e.g. no visits on Sundays or compulsory wearing of slippers in the apartment). They do not have to observe prohibitions that are disproportionate or do not have any objective reason behind them. But watch out: if there are no objections to the house rules, property management may take the necessary measures to enforce them. In the worst case scenario, you could risk termination of your lease. It’s worth bearing in mind that house rules are often set up not at the behest of the property manager, but simply because many tenants want certain conditions in place.

In extreme cases, what possible sanctions could be taken? 

In principle, anyone who doesn’t show consideration for others or violates the house rules should expect serious consequences. In practice, it is rare for leases to be terminated as a result. Beforehand, the property manager has to caution the offending tenants or, in extreme cases, threaten to evict them from the apartment.

House rules: Practical tips

We have put together some basic rules of thumb when it comes to house rules and living alongside others, and explain how best to approach this issue.

Noise and showing consideration

In principle, the local police regulations apply. These may vary by region and city. Generally speaking, people are expected to be quiet from 10 pm onwards, and often during lunchtime, too. The law also calls for a certain amount of consideration between neighbours. What this actually means in concrete terms is subject to interpretation on a case-by-case basis. It would not be reasonable to ban showers at night, for instance. On the other hand, loud arguments in the middle of the night would not be appropriate, as they could rob your neighbours of their sleep. After 10 pm, ‘residential or other noise’ should be kept at a considerate level.

Pets

Swiss legislation is extremely strict when it comes to keeping pets. Your rental agreement may stipulate that obtaining a pet is subject to approval by the property manager. They can reject your request without any further explanation. A rental agreement may also contain a general ban on keeping pets, but small, unproblematic pets cannot be prohibited by law. This means that any tenant may keep an aquarium with ornamental fish, canaries, hamsters or guinea pigs in their apartment. You can find more information about pets in rental apartments here.

Playing music

Again, this comes down to the potential for disturbance and the volume of your music. If you want to pursue your passion for playing the trumpet or drums, you may find that you fall foul of a ban, as neither your neighbours nor the authorities are likely to deem this acceptable. However, playing instruments at a considerate level cannot be prohibited (piano, flute, guitar, violin, etc.) Depending on the house rules and circumstances, you may need to stick to certain times – no more than two to three hours a day, for instance.

Balconies

Some property managers stipulate a uniform look or prohibit certain types of screening on balconies (cloths, reed mats, etc.). When it comes to balcony fittings and furniture, it’s all about proportionality and whether having the item on the balcony is reasonable (taking account of the architecture, heritage protection, the specific look of the façade, and so on).

Barbecues

Having barbecues on balconies can be particularly controversial. Some house rules expressly forbid it. As it’s something of a grey area, the main thing is to be considerate of your neighbours if you are keen to have a barbecue. As long as the smoke or cooking smells don’t get out of hand, a strict ban may no longer be appropriate today.

In the event of conflict, aim for dialogue with neighbours

Conflicts sometimes arise between neighbours. If this happens to you, remember that it’s not always what you say, but how you say it. Those who communicate with their neighbours in a pleasant manner when pointing out sources of annoyance are more likely to meet with understanding and consideration. It’s usually best to approach them directly first. If that doesn't make any difference, you can always escalate things to the property manager.