Rental: what are your obligations as the owner?

Do you want to rent your property? Rules exist regarding the surfaces of the rooms, in particular bedrooms, so that they are officially considered as bedrooms. As the landlord, you also have obligations towards your tenant and are required to carry out certain maintenance work. We have covered the subject for you. 

Room surfaces

Among the elements to take into account when describing the accommodation, the surface area of ​​the rooms is important, and in particular that of the bedrooms, so that they can officially be considered as such. These standards make sense when it comes to determining the number of rooms and their destination, both in the case of a rental and a sale.

For bedrooms, the net living area of ​​a single room for one person must not be less than 10 m2. Smaller rooms are only accepted as such if they can be combined with other rooms. The area of ​​a single room for two people must not be less than 14 m2 and that of additional rooms for two people must not be less than 12 m2. If the surfaces are smaller, these rooms cannot be officially qualified as rooms.

For more information about minimum surfaces see the ordinance of the Federal Council

Your obligations when handing over the accommodation to the tenant

When you hand over the keys of the accommodation to the tenant you have certain obligations as the landlord.

• You must return the accommodation to a condition that corresponds to the description given in the lease.
• You must hand over the keys of the accommodation to the tenant on the day that was agreed in the contract.
• You must return the accommodation to the condition in which it was when your future tenant visited and therefore rented it. If you were committed to doing renovation work, it must have been done. But you do not have to modernize the accommodation if your future tenant has accepted it as they have visited it. When entering, the tenant is advised to make an inventory of the premises.
• All the details about the occupation of the accommodation must be written in the lease. If the surface of the accommodation allows it, your tenant must be allowed to live there with his family.
• In Switzerland, the law allows your tenant to sublet his home for different reasons and for a certain period. You cannot forbid him to do so, but he must inform you and tell you who the sub-tenant is.
• During the cold season, so between October, 1^st, and April, 30th of the following year, you must ensure that the heating is working properly. Your tenant must be able to heat the accommodation to 20 degrees. Any heating problem must be settled by you and the costs are your responsibility.

See what the law specifically says about lease contracts and the obligations of each party

Your obligations regarding housing maintenance

Your tenant is primarily responsible for the routine maintenance of the accommodation and the equipment that is made available to him. Small maintenance, small repairs are at his expense. There is no precise list of these « small » jobs and unless otherwise specified in the lease contract, everyone’s common sense is called upon. As the owner, you are required to take on the larger and more expensive maintenance work that will ensure that the accommodation is kept in good condition.

You are required by law to provide the tenant with housing in good condition. All work to repair any damage due to dilapidated housing is your responsibility: humidity and ventilation, change of doors and windows, heating system, plumbing, change of floors and wall coverings, etc. You must also ensure that the sanitary facilities and those of the kitchen are up to standard. Routine maintenance of the heating system is the responsibility of the tenant (annual review of the boiler for example) but the replacement of this same boiler, a cumulus, a water heater or a radiator is up to you.

In order to avoid any hassle when renting out a home and monitoring the lease, owners are advised to delegate the rental management of their property to a real estate professional.

CONSULT THE DIRECTORY OF SWISS REAL ESTATE AGENCIES