In Switzerland, repairs under a lease are governed by the Code of Obligations, which defines the responsibilities of each party in terms of property maintenance. The landlord is generally responsible for major repairs required to ensure that the property remains fit for purpose and safe for the tenant. This includes major work on the structure of the building, such as re-roofing, maintenance of heating systems, or repairs to drainage systems. The tenant, on the other hand, is responsible for minor repairs and routine maintenance, such as replacing light bulbs or cleaning drains. These distinctions are based on principles of good faith and fairness, taking into account the ability of each party to assume these expenses. In the event of disagreement, case law often helps to clarify the exact obligations, depending on the seriousness of the defect.
The apportionment of maintenance costs between landlord and tenant is based on a balance between preservation of the property by the landlord and normal use by the tenant. As a general rule, major or structural repairs, such as roofing work or heating system repairs, are the responsibility of the lessor. The landlord must also carry out periodic inspections to prevent deterioration. The tenant, on the other hand, is responsible for “minor maintenance”, including replacement of small parts (light bulbs, handles, etc.), regular cleaning of equipment and minor repairs. This distinction may vary according to the lease clauses, which may stipulate each party’s obligations more precisely. In cantons such as Vaud and Geneva, certain local practices define the notion of “minor repairs” more precisely, and define the extent of charges to be borne by the tenant.
Landlords’ responsibilities in terms of repairs and maintenance go far beyond simple repairs. The lessor’s mission is to provide safe, habitable accommodation that meets minimum standards of comfort. He must not only carry out any necessary repairs, but also anticipate any deterioration through regular maintenance. This obligation includes preventive tasks, such as checking electrical installations, maintaining communal areas, and dealing with damage caused by third parties, such as water seepage or weather damage. In the event of a reported defect, the lessor must react within a reasonable timeframe to avoid prolonged inconvenience to the lessee. If the landlord neglects his obligations, the tenant can demand compensation, or even use legal mechanisms to assert his rights, such as rent deposit or reduction.
In Lausanne, several assistance services are available to tenants and landlords faced with repair disputes. Tenants’ associations offer advice and support in resolving disputes amicably. They provide a neutral framework to encourage dialogue between the parties and prevent costly and time-consuming legal action. Other private services, such as lawyers specializing in tenancy law or building experts, can be called in to assess the damage and provide an impartial appraisal. Finally, for the most complex disputes, the leasehold courts in Lausanne are the last instance, enabling the parties to assert their rights in accordance with the legal provisions in force.
Regular maintenance of rental buildings is a key obligation for the lessor. This includes periodic inspections of heating, plumbing and electrical systems, as well as checks on the general structure of the building, including the facade, roof and staircases. These tasks are designed to prevent serious defects that could endanger the safety or health of tenants. For example, a mold problem or heating system failure must be promptly addressed to avoid unacceptable living conditions. Swiss case law emphasizes that preventive maintenance is essential to preserve the value of the property and avoid costly repairs that might prove necessary if negligence is detected. Failure to comply with these obligations may result in sanctions, such as a reduction in rent, the assumption of repair costs incurred by the tenant, or even legal proceedings.
When a defect is reported by the tenant, the landlord must intervene within a reasonable time to carry out the repairs. This period varies according to the nature and urgency of the repairs. For example, a heating failure in winter needs to be repaired as a matter of priority to ensure minimum comfort, whereas work on a facade could be scheduled over a longer period. In an emergency, the tenant can request rapid intervention, and if the landlord fails to react, unilateral measures can be taken, such as having the work carried out by a third party and then requesting reimbursement. Swiss law provides for remedies in the event of negligence on the part of the landlord, such as depositing the rent with a designated office, or taking legal action to require repairs to be carried out within an appropriate timeframe.
For the landlord to be obliged to repair a defect, the tenant must officially notify the landlord of the problem. Notification can be oral, but it is strongly recommended to send a written letter, ideally by registered mail, for evidential purposes. This document must describe precisely the nature of the defect, its impact on the use of the property and, if possible, the date on which the problem was discovered. This warning procedure enables the landlord to organize repairs and set a deadline for their completion. In the event of inaction, the tenant can deposit the rent or take legal action. This step is crucial to guaranteeing the tenant’s legal security and protecting his or her rights in the event of a dispute, as it demonstrates the tenant’s good faith and willingness to cooperate in resolving the problem.
Failure by the lessor to comply with his repair obligations may result in various sanctions. The first is a reduction in rent, proportional to the loss of use of the property if the defect persists. Indeed, a property with a serious defect, such as a leak or faulty heating, justifies a temporary reduction in rent, until the repairs are carried out. In the event of a serious breach, the tenant may also claim damages for any prejudice suffered, for example if he or she has had to find temporary accommodation due to a major defect that has not been repaired. In extreme cases, the law allows the tenant to terminate the lease with immediate effect if the property becomes uninhabitable. These sanctions are designed to rebalance the contractual relationship and encourage the lessor to meet his maintenance and repair commitments.
The tenant is responsible for the day-to-day upkeep of the property. This responsibility includes carrying out minor repairs and keeping the property in good condition. These tasks generally include replacing light bulbs, cleaning drains and filters, and repairing items subject to everyday wear and tear, such as door handles or blinds. These minor tasks, often referred to as “minor repairs”, are the responsibility of the tenant, as they are deemed necessary for normal use of the property, and do not require major expenditure or specific technical expertise. In the event of repeated negligence, the tenant could be held responsible for damage that could have been avoided in the first place by proper maintenance. If these failings are deemed to be significant, the lessor may even consider terminating the lease on the grounds of unjustified damage.
In the event of damage or deterioration to the apartment, the tenant must inform the landlord as soon as possible, to avoid aggravating the problem. For example, if a water leak occurs, it is the tenant’s responsibility to notify the landlord immediately and, if possible, to take temporary measures to limit the damage, such as turning off the water in the affected area. This prompt notification enables the lessor to take the necessary steps to repair the damage. If the tenant delays reporting the problem, he could be held liable for further damage that could have been avoided. Swiss case law requires the tenant to exercise due diligence to prevent further damage. In the event of failure to do so, the tenant may be required to bear some or all of the repair costs.
In Lausanne, cleanliness and proper use of the property are among the tenant’s obligations. The tenant is responsible for keeping the apartment in good condition, not only inside, but also in the common areas, in compliance with the building’s rules of cohabitation. This includes regular cleaning of floors, sanitary facilities and equipment provided by the lessor. Furthermore, the use of the property must comply with the terms of the lease contract. For example, if the property is intended for residential use, any commercial activity, such as subletting on a short-term rental platform, is prohibited without prior authorization from the lessor. In Lausanne, local regulations also encourage respectful and sustainable use of communal areas, and failure to comply with these standards may result in sanctions such as warnings or termination of the lease.
Certain specific repairs are the responsibility of the tenant, mainly those related to the day-to-day use of the property. In Switzerland, the term “tenant’s repairs” is generally interpreted to include minor repairs and routine maintenance. For example, if a tenant damages a component of the dwelling, such as a door or an electrical socket, it is the tenant’s responsibility to repair or replace the component concerned, at his or her own expense. Tenants are also responsible for maintaining all equipment, such as locks, fittings and kitchen equipment, within the limits of normal wear and tear. In the event of deterioration due to misuse or negligence, the lessor may require the lessee to bear the cost of repairs. If the tenant refuses to carry out the necessary repairs, the landlord can intervene and recover the costs incurred, for example, by deducting them from the rental deposit at the end of the lease.
In Switzerland, mediation and conciliation are the preferred tools for resolving disputes between landlords and tenants. These mechanisms enable the parties to settle their differences amicably, without having to go to court. Mediation is particularly useful in cases where dialogue is still possible and the parties are willing to reach a compromise. It is often facilitated by a neutral mediator, who guides the discussions and helps each party to understand the other’s perspectives and needs. Conciliation, on the other hand, is a formal procedure provided for by the cantonal authorities, notably through the conciliation offices for rental leases. In Lausanne, for example, the conciliation authority enables disputes relating to repairs, maintenance and rental rights to be dealt with rapidly, by encouraging agreement between the parties. If no solution is found, the office can issue a proposal for judgment or refer the parties to legal proceedings.
Gathering evidence is crucial to any claim or defense involving leases. In the event of a dispute over unperformed repairs or reported defects, the tenant or landlord must be able to prove their claims. This includes documents such as e-mails exchanged, registered letters notifying defects, photos of damage, invoices for repairs carried out or expert reports, where applicable. For example, a tenant may take time-stamped photos of the damage to demonstrate that the defect already existed before he moved in, or that it was not caused by a lack of maintenance on his part. In the event of a rent deposit, it is essential to document this.
The most frequent disputes arising in Swiss rental leases include disagreements over repair charges, delays in response by the landlord, or improper use of the property. For example, a dispute may arise if the tenant considers that a moisture problem is the responsibility of the landlord, while the landlord considers that the tenant has not sufficiently ventilated the premises. This type of conflict can be resolved through mediation, or by calling in an expert to assess the cause of the damp. Another common case is the tenant’s refusal to take on “minor repairs” when, according to custom, they are their responsibility. An amicable solution is often to set out each party’s obligations in writing, and agree on a breakdown of costs to prevent these tensions from escalating into litigation. Case law also shows that the courts can award rent reductions or compensation in the event of an unremedied defect, which encourages the parties to find a solution before reaching this stage.
In Lausanne, various associations and services offer legal advice to tenants faced with repair and maintenance disputes. These organizations provide detailed information on tenants’ rights and obligations, and can intervene to help resolve disputes. In the event of a dispute, tenants can also consult lawyers specializing in tenancy law for an assessment of their situation and advice on the steps to take. Geneva also offers legal advice centers for tenants on low incomes, giving them access to high-quality advice. However, it is strongly recommended to consult a lawyer when dealing with complex issues, or when it is necessary to obtain qualified advice when drawing up a contract or in the event of a dispute.
Initial consultation
from 60 min to CHF 220.00
Take points of your situation with a specialized lawyer.
You only want an appointment to ask some questions?
Not sure what to do?
Is your situation unclear?
Opt for an initial consultation with a lawyer.
You will then decide if you wish to proceed and our lawyers will give you the cost of the procedure according to your case. Appointments available in person or by videoconference.
Take an appointment now
by calling our secretariat or by filling out the form below. Appointments available in person or by videoconference.
+41 21 566 77 47