Who pays what
| Case | Who pays | Basis |
|---|---|---|
| Keeping the flat fit for use: heating, appliances, pipes, windows | Landlord | Art. 256 OR |
| Small upkeep: jobs done easily by hand without special knowledge, such as oiling a hinge or tightening a loose screw | Tenant | Art. 259 OR, examples from the Swiss tenants' association |
| A repair that needs a specialist, such as a dishwasher repair | Landlord | Swiss tenants' association |
| Damage through careless use | Tenant | Art. 257f OR, duty of care |
No amount for small upkeep is fixed in the law. The Swiss tenants' association (Mieterinnen- und Mieterverband) says a limit of CHF 150 for material is widespread, and that the limit is passed as soon as special knowledge is needed. A lease for a home cannot shift the landlord's upkeep duty to the tenant: such clauses are void (Art. 256 OR).
If something breaks
- Report the defect to the landlord at once, in writing with photos. If you stay silent, you are liable for the damage that follows (Art. 257g OR).
- Ask for the repair and set a reasonable deadline in writing.
Your rights when the landlord does nothing
- Rent reduction. From the day the landlord knew of the defect until it is fixed, in proportion to the loss of use (Art. 259d OR).
- Repair at the landlord's cost. For a defect that reduces the use but not considerably, if the landlord knows and does not act within a reasonable time (Art. 259b OR).
- Notice without notice period. If the defect rules out or considerably impairs the use of the home (Art. 259b OR).
- Damages. Unless the landlord proves that there was no fault (Art. 259e OR).
Depositing the rent
You may not simply stop paying. The lawful route (Art. 259g OR):
- Set a reasonable deadline in writing and warn that you will deposit future rent.
- Announce the deposit in writing.
- Pay the rent to the office named by your canton. The rent then counts as paid.
- Bring your claims to the conciliation authority within 30 days after the first deposited rent was due. Otherwise the money goes to the landlord (Art. 259h OR).
How aptari helps
aptari does not handle repairs or disputes. It helps you see a flat's condition before you sign: when an agency offers a Live Tour, you join from phone or laptop and can ask to be shown the kitchen appliances, windows and bathroom live.
This is general information, not legal advice.