Quick answer: Under Swiss tenancy law, tenants have strong rights. Landlords must fix defects, provide transparent utility billing, and observe notice periods. In case of disputes, the conciliation authority in the canton of St. Gallen helps free of charge.
The heating breaks down and the landlord does not respond -- sound familiar?
It is January, minus five degrees outside. Your heating is not working. You call the landlord. Nothing happens. What now? Situations like these are all too common as a tenant. The good news: the law is on your side.
Swiss tenancy law is governed by the Code of Obligations (CO, Art. 253-274g). It protects tenants and landlords equally. Those who know the rules save themselves a lot of trouble.
What does my landlord actually have to do?
Your landlord has clear obligations. They must maintain the apartment in good condition.
- Fix defects -- Broken heating, leaky windows, defective appliances: the landlord must repair them within a reasonable timeframe.
- Bill utilities correctly -- The statement must be issued once a year and be transparent.
- Ensure quiet enjoyment -- If another tenant constantly causes noise, the landlord must intervene.
What rights do I have as a tenant?
You have more rights than many realize:
- Report defects and set a deadline -- If the landlord does not respond, you can deposit the rent with the conciliation authority.
- Contest a termination -- Any termination can be challenged at the conciliation authority as abusive.
- Request a rent reduction -- If the reference interest rate drops, you can demand a rent decrease.
What happens in case of termination?
Termination has strict formal requirements. If something is missing, it is invalid.
- Official form -- The termination must be issued on the official form.
- 3-month notice period -- For apartments, a notice period of three months applies, effective on a customary local date.
- Family home -- If you live in a family home, both partners must receive the termination notice.
- No reason required -- The landlord does not need to state a reason. However, the termination must not be abusive.
When can my landlord terminate without notice?
Termination without notice is only permitted in exceptional cases:
- Payment default -- If you still have not paid after a reminder with a 30-day grace period.
- Serious violations -- In cases of severe breach of the duty of care.
- Bankruptcy -- If no security is provided.
What to do in a dispute -- conciliation authority SG?
In the canton of St. Gallen, there is a conciliation authority in every district. The procedure is free of charge. Before you can go to court, you must take this route.
The conciliation authority mediates between you and the landlord. In many cases, a solution is found without it becoming expensive.
What should I consider as a landlord?
- Use the current lease agreement from the HEV (Homeowners Association).
- Prepare a condition report with photos at move-in and move-out.
- Respond promptly to defect reports. This prevents escalation.
- Have termination notices reviewed by a professional before sending them.
Expert tip from Jessica: Document everything in writing. Whether it is a defect report, termination, or utility question -- a brief letter or email with the date protects you in case of a dispute.
Conclusion
Tenancy law does not have to be complicated. Those who know the basic rules protect themselves from unpleasant surprises. If you are a landlord looking to optimise your rental yield, you will find 7 concrete measures there. And if you are considering buying, also read our article on rights and obligations in condominium ownership. At Rüttimann Vision, we advise landlords and tenants on all questions related to tenancy law -- personally and without red tape.