The deposit rules in one table
| Point | Rule in Art. 257e OR |
|---|---|
| Maximum for a home | Three months' rent |
| Where the money goes | A bank savings account or custody account in the tenant's name |
| Who places it there | The landlord must deposit it with the bank |
| Release | With the consent of both parties, or on a final payment order or a final court judgment |
| If the landlord stays silent | After one year without a legal claim from the landlord, the tenant can demand repayment from the bank |
| Cantons | May add supplementary rules |
A worked example: for a flat at CHF 2,000 a month, the deposit can be CHF 6,000 at most. A landlord may also ask for less, or for none.
How to get it back, step by step
- Return the flat and keep your copy of the handover protocol.
- Ask the landlord in writing to sign the bank's release form.
- If there is an open bill, for example the final ancillary cost statement, agree in writing which amount is released now and which stays blocked.
- If the landlord does not answer and brings no legal claim within one year after the lease ended, ask the bank directly for repayment (Art. 257e OR).
At the return of the flat the landlord must check its condition and report at once the defects you are responsible for (Art. 267a OR). You owe nothing for the condition that results from normal use under the contract (Art. 267 OR).
Deposit insurance as an alternative
Some landlords accept a deposit insurance or deposit surety in place of the blocked account. You then pay a yearly premium and keep your savings free. According to the Swiss tenants' association (Mieterinnen- und Mieterverband), the yearly premium is not refunded, and you must repay the insurer what it pays to the landlord. A blocked account gives the money back to you. Compare the cost over the years you expect to stay.
How aptari helps
aptari does not hold deposits and does not sell deposit insurance. It helps you plan the move-in cost before you apply. The Match Score on each listing sets your income against the rent, with the facts shown, and the feed lets you compare asking rents across the listings of the large portals and about 800 cooperative websites. Three times the rent you see is the most a landlord may ask as a deposit.
This is general information, not legal advice.