Who pays for a repair in a rental

This is a reading aid for tenants and landlords in Switzerland. It is not legal advice, and it does not replace the lease.

The landlord’s duty

Article 256 of the Code of Obligations says the landlord must hand over the property on the agreed date in a condition fit for the use that was agreed, and keep it in that condition. A roof that lets rain in, a heating system that no longer heats, and a soil stack that leaks are the usual examples of that duty. The official text is on Fedlex: the Code of Obligations in English.

What the lease often adds

Many leases assign “kleiner Unterhalt” to the tenant: small upkeep a tenant can do without a specialist. There is no single federal franc amount for that phrase on this page, so this page does not invent one. Read the clause in your own lease. A blocked trap you caused, and a bulb, are not the same thing as a failed boiler.

If the landlord does not repair

Articles 259 and following describe the tenant’s options when there is a defect, including asking that it be fixed and, in the cases the statute sets out, a reduction of the rent or having the work done at the landlord’s expense. The steps and the deadlines are in the statute and in cantonal practice. The first official stop for a tenancy dispute is the cantonal conciliation authority (Schlichtungsbehörde / autorité de conciliation). The canton publishes the address. This website does not file the request.

Tell the landlord in writing before you call a tradesperson for a repair that is the landlord’s, unless the lease or an emergency (water running, no heat in a freeze) requires you to limit the damage first. Keep the message you sent the tradesperson.

Paying the invoice yourself does not, by itself, make it the landlord’s bill. Agree that in writing first when you can.