Short-term leases in Switzerland are characterized by their flexibility, adapted to the temporary need for accommodation in situations such as work assignments, internships or study stays. Unlike standard leases, the duration is generally less than a year, but can extend to two years in certain specific cases. A short-term lease enables tenants to commit to a limited period, while offering lessors the flexibility to re-use the property more quickly. It is important to note, however, that short-term leases remain subject to the general provisions of Swiss tenancy law, particularly as regards the rights and obligations of the parties. The tenant therefore retains the same legal protections as a tenant who has signed an open-ended lease, unless otherwise specified in the lease contract. For this reason, short-term lease clauses must be clearly established to avoid disputes.
The rules governing short-term leases can vary from canton to canton in Switzerland. In Geneva, for example, specific regulations apply to this type of lease, particularly with regard to termination and rent control. The main aim of local regulations is to protect tenants against abuses, such as excessive rent increases for short periods. Landlords must also justify the reasons for a short-term lease, explaining why a long-term tenancy is not an option. In the event of a landlord attempting to circumvent tenant protection rules, recourse may be had to the tenancy and rent tribunals. In short, before entering into a short-term lease, it is essential to check the local rules applicable in the canton to ensure that they comply with federal law.
In Switzerland, legislation limits the duration of short-term leases to prevent this type of contract from being abused. Short-term leases generally have a maximum duration of one year, with some exceptions of up to two years. These restrictions are designed to ensure that tenants are not subjected to precarious conditions, or that accommodation is not diverted from its primary use. If extended beyond these limits, the lease may be requalified as an open-ended lease, giving the tenant more rights, including greater protection against termination and rent increases. It is therefore crucial that lessors respect these limitations to avoid legal disputes. In addition, any attempt at automatic renewal must be carried out within the time limits and under the conditions laid down by lease law.
In recent years, the short-term rental market in Switzerland has undergone significant change, mainly due to the rise of short-term rental platforms and growing demand for flexible accommodation. This development has prompted some cantons to review their regulations to provide a better framework for this type of lease, often perceived as unfair competition to traditional leases. Geneva and other cantons have thus introduced stricter rules, imposing limitations on the number of possible renewals and tightening rent controls for temporary rentals. These adjustments aim to balance the rental market’s need for flexibility with tenant protection, while avoiding saturation of the real estate market by temporary rentals. Legislation is therefore evolving rapidly to meet the challenges posed by these new rental practices.
For a short-term lease to be valid in Switzerland, several criteria must be met. Firstly, the contract must clearly specify the duration of the lease, which generally cannot exceed one year, unless specifically agreed otherwise by the parties. The lease must also specify the conditions of termination, which differ from standard leases, by specifying the notice period and the possibility of renewal. In addition, the lessor must justify the temporary nature of the lease, for example, due to the tenant’s professional assignment or a short-term renovation project. If these criteria are not met, the lease could be requalified as an open-ended lease, giving the tenant more extensive legal protection. It is therefore important to ensure that the short-term lease contract is precisely drafted and complies with legal requirements.
Short-term leases in Switzerland often include specific clauses to reflect the temporary nature of the tenancy. These clauses generally include provisions on early termination, the amount of the security deposit, and renewal conditions. Unlike standard leases, a short-term lease may also include additional obligations, such as the tenant’s obligation not to change the destination of the property, to ensure regular maintenance or to comply with strict occupancy standards. It is also possible to include rent readjustment clauses if the rental is extended beyond the period initially agreed. These clauses must be clear and comprehensible, as any ambiguity can lead to disputes. Particular attention must be paid to the wording of clauses to ensure that they comply with applicable federal and cantonal legislation.
In Geneva, early termination of a short-term lease is strictly governed by cantonal legislation. A tenant wishing to terminate a lease early must generally give three months’ notice, unless otherwise agreed. However, if the reason for termination is justified, such as a professional transfer or force majeure, the tenant may request a reduction in the notice period. The lessor, on the other hand, can terminate the contract if the lessee fails to comply with specific clauses of the lease, or uses the property for purposes other than those stipulated in the contract. Conflicts relating to early termination are frequent, and it is advisable to formalize any request in writing to avoid misunderstandings. In Geneva, the tenant can also propose a solvent successor to take over the lease, thereby limiting the financial risks for both parties.
The renewal of a short-term lease in Switzerland is subject to strict conditions. In principle, such leases should not be renewed automatically, unless a clause explicitly provides for this. Tacit renewal can lead to the lease being reclassified as an open-ended contract, giving the lessee increased rights. To avoid this situation, the lessor must inform the lessee in writing of his intention to renew the lease, specifying the new conditions, such as the amount of rent and the extended term. The tenant must then accept or reject this proposal within a reasonable period of time. In the event of disagreement, the lease ends on the date originally agreed. Swiss courts have ruled on several cases where tacit renewal has led to legal disputes, underlining the importance of formalizing any changes in writing.
Under a short-term lease in Switzerland, tenants enjoy basic rights similar to those of a conventional lease, but with a few adjustments. The tenant has the right to peaceful enjoyment of the property for the entire duration of the lease, even if this is a limited period. In other words, the lessor cannot interfere with the use of the rented property without good reason. The tenant also has the right to contest any unjustified early termination attempt by the landlord. In the event of defects in the accommodation, such as heating or damp problems, the tenant may demand repairs or a reduction in rent, depending on the specific terms of the contract. Finally, tenants on short-term leases may, under certain conditions, request extensions if the situation justifies it, notably for professional reasons or force majeure, but this request must be clearly stipulated in the initial contract.
The lessor has several important obligations when concluding a short-term lease. First and foremost, he must ensure that the rented property is in good habitable condition before making it available. This includes compliance with health and safety standards, as well as checking the general condition of the property (plumbing, electricity, etc.). The landlord must also comply with the legal requirements for setting the rent, to avoid any abuse in the event of increased demand for accommodation for short periods. When terminating or renewing a lease, the landlord must follow specific procedures, such as notifying the tenant within the time limits laid down by law. In addition, the landlord is obliged to provide all essential information to the tenant, particularly on renewal conditions and termination options, to ensure total transparency in the contractual relationship.
Tenants of short-term leases are obliged to pay their rent on time, in accordance with the terms set out in the contract. In Switzerland, this obligation also includes payment of all ancillary charges, such as electricity, water or heating costs, if these are explicitly mentioned in the contract. The tenant is also responsible for the day-to-day upkeep of the property, including regular cleaning and minor repairs (such as replacing light bulbs or unclogging drains). However, in the event of major damage caused by misuse, the tenant may be held responsible and required to cover the cost of repairs. The maintenance of specific equipment, such as household appliances, must also be taken into account in the tenant’s obligations, especially if this equipment is integrated into the rented property.
The lessor also has specific rights under a short-term lease. He has the right to repossess the property at the end of the lease, without the need for any particular justification, provided the tenant is informed in good time. In the event of the tenant failing to meet his obligations, such as non-payment or damage, the lessor can initiate early termination proceedings, or even claim compensation for damages suffered. Furthermore, the lessor has the right to refuse any request to extend the lease, unless contractual clauses expressly provide for this possibility. In cases of unauthorized subletting or unauthorized modifications to the property (such as work carried out without the owner’s consent), the lessor may also exercise his right to terminate the contract and demand that the property be restored to its original condition.
In the event of a dispute over a short-term lease, tenants and landlords alike have a number of legal remedies available to them in Switzerland. The first recourse is to enter into discussions with the other party in an attempt to resolve the dispute amicably. If this fails, it is possible to resort to the rental mediation services offered by certain tenant protection associations and by the tenancy and rent tribunals. If the dispute persists, the parties can take the matter to the appropriate court, which will rule on the legitimacy of the claims. It is important to note that the time limits for contesting an act or decision vary according to the type of dispute, but early recourse is generally recommended to avoid any loss of rights. Disputes may relate to questions of payment, early termination, or non-compliance with contractual clauses.
In Geneva, disputes relating to short-term leases can be submitted to the conciliation commission for leases and rents before going to court. The aim of this mediation service is to enable the parties to find common ground without going through lengthy and costly legal proceedings. The commission is made up of tenant and landlord representatives, enabling a balanced analysis of situations. If an agreement is reached, it is formalized in an official document, binding on both parties. If mediation fails, a procès-verbal de non-conciliation is issued, enabling the parties to take legal action. This service is particularly recommended for minor disputes, such as disagreements over the return of the security deposit or disputes relating to the inventory of fixtures on departure.
The Geneva Tribunal des baux et loyers is competent to deal with serious disputes between tenants and landlords, particularly in the case of short-term leases. To apply to the tribunal, the complainant must submit a written request detailing the grounds for the dispute and the supporting evidence. A conciliation hearing is organized to try to find an amicable solution before entering into more formal proceedings. If no agreement is reached, the court proceeds to a full hearing, which may include testimony, expert opinions and the presentation of documents. Judgments handed down by the court may include restitution orders, compensation or judicial termination of the lease. The parties have the option of appealing the decision within a set timeframe, in accordance with the legal procedures in force.
In the event of non-compliance with contractual obligations by either the lessee or the lessor, sanctions may be applied. For the tenant, non-payment of rent or failure to comply with maintenance clauses may result in early termination of the lease, and an obligation to pay penalties or even damages to the landlord. For their part, landlords who breach their obligations, for example by preventing tenants from enjoying the property peacefully, or by failing to comply with agreed renewal terms, may be obliged to pay compensation to the tenant to offset the loss suffered. Penalties are proportional to the seriousness of the breach and may include financial penalties or, in some cases, the nullity of certain clauses of the lease contract.
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