Trouble with your landlord: what are your rights?

14.03.2023

Trouble with your landlord can be unpleasant, so knowing your rights and having some strategies up your sleeve for resolving problems with the homeowner can prove essential.

The most common complaints from tenants revolve around issues such as repairs, outstanding repayments and queries about documents. The tenant’s privacy is another common point of contention.

How do I avoid a dispute?

If you want to avoid a dispute, it is crucial that you understand your rights and obligations. Before you move into your new apartment, read all the documents relating to your rental agreement carefully. You should read the rental agreement, handover report and the house rules especially closely. That way, you can avoid any misunderstandings, ascertain what is expected of you as a neighbour and tenant, and find out what rights you have.

We also recommend familiarising yourself with the basics of tenancy law. You’ll find lots of articles on tenancy law in our guide.

Particularly important for tenants: behaving responsibly

As a tenant, you can prevent disputes from arising by behaving correctly and meeting all your obligations. Tenants have a key responsibility to act respectfully and considerately. You are obliged to treat the rental property with care and to show consideration for all other residents of the building.

The following are common examples of a breach of this duty:

  • Not reporting a pest infestation in time
  • Water leaks from your washing machine and causes damage without being reported to the landlord immediately
  • Having a loud party until the early hours of the morning

Your duty to act responsibly applies not only to your own apartment, but also to shared spaces such as the stairwell or the laundry room.

Ways of improving the relationship

Communication is key to keeping your interactions agreeable. Try to keep conversations open and friendly. Your landlord will have a positive attitude towards you if it’s clear that you are taking good care of your home and that you care about tidiness. In turn, negotiations will tend to go better, and interactions will be much more pleasant.

How can you protect yourself as a tenant?

While renting a property, it’s a good idea always to document conversations with your landlord. Ideally, you should always record the place, date, time, topic and outcome of the conversation in writing. We also recommend keeping a copy of all enquiries and other documents related to your tenancy. This information may prove useful in the event of a dispute.

In the worst-case scenario, where can I get help?

If the dispute has gone too far and communication alone isn’t helping, you should seek professional assistance. Even if you’re not a member of the Swiss Tenants’ Association, they can provide you with advice from specialist lawyers. In general, the website of the Swiss Tenants’ Association is the best place to go for all matters relating to tenant protection. If that’s not sufficient, you should contact a professional who is familiar with the relevant law.

Your obligations as a tenant

As a tenant, you have a number of rights. However, you also have to comply with certain obligations. We’ve put together six key points for ensuring that your tenancy goes smoothly.

1. Pay a rental deposit

The landlord can demand three months’ rent as security if this is stipulated in the rental agreement. After the end of the tenancy, you can ask for this to be refunded. Your landlord can offset the costs of any necessary repairs against this amount after you move out. The remaining sum must be paid back to you.

2. Pay your rent on time

Your most important obligation as a tenant is probably meeting all of your payment deadlines. You must pay the rent and ancillary costs at the end of the month, unless another time has been agreed or is usual for your area. If you fall behind with your payments, your landlord can issue a deadline for payment in writing. Your landlord has the right to threaten that your tenancy will be terminated when the deadline expires. This deadline must be at least 10 days from the time of the notice. If you do not pay within the statutory period, the landlord can terminate your contract straight away, with 30 days’ notice to the end of a month.

3. Report any damage

As a tenant, you also have a duty to report any damage or defects that you cannot repair yourself to your landlord. If you don’t fulfil this obligation and there is further damage to the property as a result, you will be liable.

4. Subletting: ask your landlord

You must obtain the landlord’s consent before subletting all or a part of a rental property. Your landlord can forbid you from subletting the property. However, they can only refuse to consent if the terms of the sublease are improper compared to those of the main rental agreement, if the landlord will suffer significant disadvantages as a result of the sublease, or if you, the tenant, refuse to disclose the terms of the sublease.

5. Obligation to heat the property

Although this obligation is not legally stipulated, landlords can still oblige tenants to have the heating on. Mould can develop or pipes may freeze in a poorly heated or unheated home. In the worst-case scenario, your landlord could claim damages from you.

6. Abide by the house rules

It’s also important to follow the house rules. One key consideration is noise. Don’t turn your music up too loud or leave your rubbish in the stairwell. In the worst-case scenario, particularly serious violations and a lack of consideration can result in the termination of your contract.

Trouble with your landlord: typical examples

We’ve talked about your obligations as a tenant, but you also have rights. Below, we’ve put together some typical examples and tips on your rights as a tenant.

There’s mould in my rented apartment. The property management company isn’t doing anything about it. What can I do?

Mould growing in a rental apartment constitutes a defect to the property. Your landlord must see to it that the mould is removed. If your landlord doesn’t respond to enquiries by telephone or e-mail, you should send a letter of complaint to the person responsible via recorded delivery. If you don’t get any response, you can file a complaint with the local arbitration authority.

My top-floor rented apartment gets incredibly hot in the summer. Am I entitled to pay lower rent above a certain temperature?

There’s no definitive answer to this question. If structural defects are to blame for the apartment getting extremely hot or cold, you can request a reduction in rent. Each individual case will depend on realistic expectations for the apartment in question. If it’s obvious that the apartment is in an old building or the tenant has been explicitly told that it can get hot, there’s little chance of being granted a reduction in rent.

The landlord does not provide charging stations for electric vehicles. Can I install a charging station at my own expense?

You can only install a charging station if your landlord agrees to it in writing. Otherwise, changes to the rental property aren’t permitted.

Do I have to pay for minor repairs?

Tenants are expected to fix small defects in the apartment themselves. However, as soon as defects can’t be dealt with easily by hand and without specific expertise, the landlord has to pay for repairs. You’ll find a detailed answer to this question in our article on minor repairs and maintenance.