Rental agreement and depositRegistered users

Swiss rental agreement: review and deposit

Verify the contracting parties, apartment, net rent, ancillary costs, term, termination dates, deposit, house rules and handover before signing or paying.

Publisher: svajc.com Knowledge Base3 min readLast reviewed: 8/4/2026

Editorially reviewed

In Brief

Check the parties, charges, termination, permitted use and handover. Residential cash security is capped at three months of rent and held in the tenant’s name.

Key Takeaways

Separate net rent and ancillary charges.
Record notice periods and termination dates.
Residential cash security is capped at three months.
Clarify subletting and special use in writing.
Provide only necessary personal data.
Do not pay before viewing and verification.

Direct answer: what should you check before signing and paying?

Verify the contracting parties, apartment, net rent, ancillary costs, term, termination dates, deposit, house rules and handover. A residential cash deposit is capped at three months of rent and must be held by a bank in the tenant’s name. Pay only after verifying the property, counterparty, agreement and deposit account.

Quick contract check

Names, addresses and signing authority match.
Net rent, ancillary costs, payment date and separate charges are clear.
Fixed or open-ended term, notice period and termination dates are understood.
Deposit amount, bank, account holder and release process are written down.
Occupants, pets, subletting, storage, parking and house rules are covered.
Handover date, keys, meters, photographs and condition report are planned.

1. The statutory deposit framework

Under Article 257e of the Swiss Code of Obligations, cash or securities must be deposited with a bank in an account or custody arrangement in the tenant’s name. Residential security is capped at three months of rent. The bank releases it with both parties’ consent or a final payment order or judgment.

2. Read the agreement systematically

Identify the apartment, storage, parking and permitted use.
Separate net rent, advance or flat-rate ancillary charges and other services.
Record the notice period and contractual termination dates.
Clarify written approval for pets, subletting or alterations.
Define handover, keys and the process for reporting initial defects.

The Federal Housing Office guide explains the rental deposit, advance ancillary payments and core Swiss tenancy terms. If an oral promise differs from the written agreement, obtain a written amendment before signing.

3. Termination, family homes and subletting

Article 266l requires written notice for residential and commercial premises. A tenant terminating a family home needs the spouse’s express consent, while landlord notices must be served separately. Article 262 requires landlord consent for subletting and limits the statutory grounds for refusal.

4. Privacy and fraud prevention

The FDPIC requires transparent, purpose-limited and proportionate collection. Unsuccessful applications should not be retained without justification. The NCSC warns about payment before viewing, an absent “landlord”, keys by post and unusual payment methods.

5. What happens after signing?

Use the handover and condition guide at move-in, the deposit-return guide at move-out and the rental-disputes guide for defects, termination or deductions.

Last factual review: 4 August 2026. Cantonal forms, local practice and the individual agreement may add requirements.

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