Signing a Rental Agreement:
Why You Can Say "Yes" and Still Mean "No"
Dozens of viewings, countless dossiers – and now you hold the rental agreement in your hands.
But is the landlord really allowed to demand that?
The fear of losing the apartment by asking questions is great.
The good news: Paper is patient, the law is not. Today we show you two practical examples of why you can sign more calmly and how you can expose further myths about your rental agreement.
Just because it's in the contract doesn't mean it's valid
It is an open secret in the Swiss real estate market: Many rental agreements contain provisions that are legally untenable. These are called void clauses. The exciting thing is: You can often sign these contracts without hesitation. Why? Because a void clause is automatically invalid, even with your signature underneath.
We have trained our new AI-supported contract analysis to find exactly these stumbling blocks.
Here are two classic examples from real analyses that we often see and that could cost you dearly.
1 The Cost Trap of Minor Repairs
Landlords often try to pass maintenance costs on to the tenants. Particularly popular: "Minor repairs".
What the contract says
"The tenant also assumes the costs for all other minor repairs [...], which in individual cases do not exceed 1% of the annual net rent."
Here our alarm bells are ringing. With a net rent of CHF 4150.– per month, 1% of the annual rent would mean that you have to pay for repairs up to CHF 498.– per case yourself.
That is massively too high. The limit for minor maintenance (e.g. replacing a shower hose, tightening screws) is significantly lower: Usually around CHF 150.– per repair case. If it costs more, the landlord must bear the entire bill, as usually expertise is required in such cases.
Conclusion
This clause is ineffective for the excess amount. You do not have to bear these high costs.
2 The Pitfalls of Moving Out [Replacement Tenant Clause]
You want to move out earlier, have a great new job in another city or are moving in with your partner. But the contract puts obstacles in your way.
What the contract says
"Early return is only possible at the end of a month. Notification to the landlord must be made in writing at least 30 days before the planned return."
A clear violation of your freedom. This clause attempts to inadmissibly restrict your right to early return.
According to Art. 264 CO (Swiss Code of Obligations), you can be released from liability at any time, i.e. on any day, provided you propose a reasonable and solvent replacement tenant who accepts the contract under the same conditions. You are bound neither to the end of the month nor to a 30-day lead time.
Conclusion
The landlord can write it that way in the contract, but the law takes precedence. You are allowed to leave earlier.
We check your rental agreement: Digital, secure and free of charge
Tenancy law is complicated, and exactly such clauses cause uncertainty. Should I sign? Do I have to discuss this?
So that you know exactly where you stand, we have developed the Rental Agreement Check. We translate paragraphs into clear recommendations for action. You do not receive an incomprehensible legal treatise, but a clear assessment with concrete recommendations for action.
Free for a short time
Don't be intimidated by paragraphs. We mark passages that are legally untenable so that you know where you can say 'Yes' but mean 'No'.
Learn more