In Switzerland, tenancy law imposes specific obligations on landlords and tenants in terms of repairs and maintenance. In Geneva, the specific features of the real estate market and the high demand for housing make the management of rental repairs particularly important. In this canton, as elsewhere in Switzerland, there are legal mechanisms for differentiating between types of repairs and determining the responsibility of each party. Disputes over repairs are frequent, and are handled by conciliation boards for rental leases. These apply the principles set out in the Code of Obligations, as well as federal and cantonal case law, to settle disputes. Geneva also offers specific resources for tenants and landlords, such as information sheets and legal assistance services, to make it easier to understand obligations relating to rental repairs.
Swiss law distinguishes between major repairs, which are the responsibility of the landlord, and minor repairs, which are often the responsibility of the tenant. This distinction is fundamental, as it determines the assumption of costs and the obligations of each party. Major repairs include major work required to ensure the safety and health of the dwelling, such as replacing a faulty boiler, repairing the roof, or repairing major plumbing installations. On the other hand, minor repairs include small-scale interventions, such as replacing a light bulb or repairing small equipment supplied with the dwelling. Jurisprudence has clarified these notions by specifying that minor repairs are related to the daily use of the dwelling and are the responsibility of the tenant. This distinction contributes to a balance between the parties and limits abuses.
The lessor’s obligation is to provide a dwelling in a good state of use and maintenance. This obligation includes the duty to carry out any repairs necessary to maintain the property in a habitable condition, meeting comfort and safety standards. The landlord must also ensure that the equipment supplied with the property, such as heating and hot water systems, is working properly. In the event of failure to meet these obligations, the lessor may be held liable for any damage suffered by the lessee, and may be forced to reduce the rent. Case law has often pointed out that the lessor cannot delegate these responsibilities to the lessee, unless expressly provided for in the contract, and that any excessive derogation from maintenance obligations may be considered abusive.
Tenants and landlords in Geneva benefit from a wide range of legal assistance services to help them understand and manage tenant repairs. Organizations specializing in the defense of tenants provide practical advice and legal information on the rights and obligations of both parties with regard to repairs. In addition, legal hotlines are organized throughout the canton to answer tenants’ questions and guide them through the process. Geneva also publishes online information guides, explaining the procedures to follow in the event of a dispute over repairs, and possible amicable solutions before taking the matter to the legal authorities. However, it is advisable to consult a lawyer as soon as the situation becomes complex, or when it is preferable to be assisted by a specialist in lease law.
Preventive maintenance is the responsibility of the lessor, who must ensure that the dwelling is maintained in good condition to avoid costly repairs in the long term. Preventive maintenance covers regular inspections of essential installations, such as heating systems, roofing and water pipes. Major repairs, on the other hand, are more substantial interventions, often necessary to keep the property in a rentable condition. These repairs are the sole responsibility of the lessor, as they affect the structural elements of the property. For example, if the roof leaks badly, or if the central heating stops working in winter, the landlord is obliged to carry out repairs without delay. In Switzerland, failure to comply with these obligations may expose the landlord to legal action, including claims for rent reduction or compensation in favor of the tenant.
Urgent repairs are those that must be carried out immediately to prevent imminent damage or to guarantee the safety and comfort of the occupants of the property. According to Swiss jurisprudence, a repair is considered urgent when its absence could harm the health or safety of the tenant, as in the case of a gas leak, a heating failure in winter, or water infiltration threatening the structure of the building. If the landlord fails to take action, the tenant has the right to have the repairs carried out and to claim reimbursement of the costs incurred, provided he has given prior notice. Although subject to certain restrictions, this type of intervention on the tenant’s own initiative guarantees the safety of the dwelling when the landlord fails to act. Swiss courts examine such situations on a case-by-case basis to assess the urgency and justification of the expenses incurred by the tenant.
In Switzerland, when a tenant notices a defect requiring repair, he must notify the landlord as soon as possible. This notification must be made in writing to ensure traceability of the request and to avoid any subsequent dispute. The lessor is then obliged to react within a reasonable time and to plan the necessary repairs. In the event of delay or unjustified refusal, the tenant can apply to a conciliation authority to force the lessor to carry out the repairs. This conciliation procedure is compulsory before any legal action can be taken, and often enables disputes to be resolved amicably. In certain situations, the tenant can also obtain a rent reduction for the period during which the defect persists, depending on the severity of the inconvenience suffered.
In the event of non-repair by the landlord, the Geneva tenant has a number of legal remedies. If it is established that the unrepaired defect affects the tenant’s quality of life or safety, the tenant can demand a rent reduction proportionate to the inconvenience suffered. In addition, the tenant can claim damages if the defect has caused material or moral prejudice. In Geneva, the conciliation authorities and courts apply federal and cantonal jurisprudence to assess compensation claims. As a last resort, the tenant may terminate the lease if the property is deemed uninhabitable. Swiss law, strictly applied in Geneva, thus guarantees a protective framework for tenants in the event of non-compliance with repair obligations on the part of the landlord.
In Switzerland, tenants are legally obliged to carry out routine maintenance of their property. This includes day-to-day maintenance tasks aimed at preserving the general condition of the premises. For example, tenants are often responsible for cleaning windows, kitchens, bathrooms and other areas of the property that are used on a regular basis. Minor repairs may include replacing light bulbs, switches or even seals in sanitary fittings. These maintenance tasks are required to prevent the condition of the dwelling from deteriorating rapidly as a result of habitual use. Swiss case law makes it clear that these minor repairs are distinct from major repairs, which are the responsibility of the landlord. In the event of negligence in day-to-day maintenance, the tenant can be blamed for causing additional damage, particularly if the lack of care results in significant deterioration.
To avoid disputes when returning the property, it is essential for tenants to carefully document any damage. When damage occurs, it is advisable to report it promptly to the landlord and to keep proof of communication, for example in the form of e-mails or registered letters. Visual documentation, such as dated photographs, provides tangible evidence of the state of the premises at a given time. This is particularly useful in the event of a dispute over responsibility for repairs. In addition, when the keys are handed over at the end of the lease, an exit inspection is often organized to compare the initial and final condition of the property. Swiss courts recommend that tenants accumulate evidence to defend their rights, particularly in the event of the landlord contesting the damage.
In addition to day-to-day maintenance, tenants must also implement preventive measures to avoid damage to the property. These include simple but important actions such as ensuring that rooms are regularly ventilated to prevent mold formation, using appliances and equipment properly, and immediately reporting any malfunctions or damage to the landlord. For example, if a tenant notices a water leak, he or she must report it immediately to avoid further damage. In Switzerland, case law states that this obligation of vigilance and prevention is designed to protect the leased property and avoid the costs associated with major repairs. If damage is caused by the lessee’s negligence, the latter may be held liable for repair costs.
In cases of obvious negligence, tenants may be financially liable for damage caused. For example, if a lack of daily maintenance results in significant deterioration, such as mold due to inadequate ventilation or unreported water infiltration, the landlord may demand compensation for the necessary repairs. Swiss law allows the landlord to withhold all or part of the rental guarantee to cover these repair costs, and in the event of serious damage, he can even take legal action. In addition, repeated or particularly serious negligence could be considered legitimate grounds for lease termination, according to case law. This means that a tenant facing eviction must take care to scrupulously respect his or her maintenance and damage prevention obligations.
Mediation is a preferred means of settling disputes between tenants and landlords in Switzerland, particularly in the area of repairs and maintenance. When disagreements arise, for example over responsibility for certain repairs or the amount of costs claimed, mediation enables the parties to find an amicable solution without having to go to court. In Switzerland, a number of qualified lawyer-mediators offer mediation services to facilitate dialogue. This approach has the advantage of speed and flexibility, enabling parties to avoid the high costs and delays associated with a trial. Mediation also helps maintain a positive relationship between landlord and tenant, which is particularly important for long-term leases. Mediation is often recommended before considering any other form of dispute resolution.
To defend their rights in the event of a dispute, it is crucial for tenants to document all exchanges relating to maintenance and repairs. Documentation can include photographs of damage, copies of e-mails or registered letters exchanged with the landlord, and technician reports if repairs have been carried out. In Switzerland, the courts recognize the importance of material evidence in assessing the responsibility of each party in a rental dispute. Documentation also forms a solid basis for tenants wishing to contest unjustified deductions from the rent guarantee. In the absence of tangible evidence, tenants risk losing their case, as the burden of proof often falls on them when it comes to repairs and maintenance. It is therefore advisable to keep a record of every maintenance-related interaction.
A number of case studies from Switzerland illustrate the types of disputes that commonly arise in relation to rental repairs, and the solutions adopted by the courts. For example, in one common case, a tenant who failed to report a water leak was held liable for extensive damage caused by the infiltration. The court ruled that the tenant was liable because he had failed to take the necessary measures to prevent further damage. Conversely, another case demonstrated that a landlord who refused to replace a faulty heating system in the middle of winter could be required to reduce the rent in compensation for the damage suffered by the tenant. These examples show how important it is for tenants and landlords to respect their respective obligations, and to act swiftly when necessary. Swiss case law provides valuable guidance for parties in the event of disagreement over the extent of their maintenance and repair obligations.
In Geneva, 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. Local associations, in collaboration with conciliation boards, play a key role in assisting tenants by providing practical resources and legal advice. 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.
An initial consultation
from 60 min to CHF 220.00
Asses 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 22 348 32 35