How to get your rent deposit back in Switzerland

In Switzerland, the rent deposit is governed by art. 257e CO (Swiss Code of Obligations). For a home, it cannot exceed three months' rent. When it is paid in cash or securities, the landlord must deposit it with a bank, in a savings or deposit account opened in the tenant's name. This money is therefore never part of the landlord's assets: it remains yours, and any interest belongs to you.

The deposit account is blocked. The bank can only release the funds with the written agreement of both parties, or on the basis of a payment order to which no objection was lodged, or an enforceable court judgment. In practice, at the end of the lease, the quickest route is therefore to get the landlord or the property management company to sign the release order sent to the bank.

The move-out inspection plays a central role. When the premises are handed back, the landlord must check the condition of the flat and immediately notify the tenant of any defects for which the tenant is responsible (art. 267a CO). If the landlord fails to do so, they in principle lose their claims, except for defects that could not have been found during a normal inspection. Normal wear and tear, such as walls that have dulled after several years or signs of use on a parquet floor, cannot be charged to you (art. 267 CO). Read the inspection report carefully before signing it and note your reservations if you disagree.

Once you have handed back the keys, send a written request to the landlord, preferably by registered mail, with a copy to the bank. The letter should state the address of your former home, the date the lease ended and the date the premises were handed back, the amount of the deposit, the name of the bank and, if possible, the deposit account number, as well as the IBAN to which you want the funds paid, including interest. It is useful to set a reasonable deadline, for example 30 days, and to ask the landlord to inform you in writing, with supporting documents, of any claim they believe they have against you.

If the landlord does not reply or blocks the deposit without reason, the law protects you. Under art. 257e para. 3 CO, if the landlord has not started debt enforcement or legal action against you within one year of the end of the lease, you can require the bank to return the deposit without the landlord's agreement. You simply need to ask the bank, enclosing a copy of the termination or any document showing the date the lease ended.

You do not have to wait a year, however. If you disagree about repair costs or amounts withheld, you can apply to the conciliation authority for tenancy matters in the place where the property is located. The conciliation procedure is free of charge for disputes about residential leases (art. 113 para. 2 let. c CPC) and often leads to a quick agreement. If the landlord has a payment order served on you that you dispute, file an objection within ten days, otherwise the bank could pay the deposit to the landlord.

Finally, note that if your deposit was provided through a rent guarantee company (société de cautionnement) rather than a bank account, the terms of that contract apply to the release: ask the organisation concerned directly.

SwissDoc helps you draft the request for release of your rent deposit, addressed to the landlord with a copy to the bank, in a few minutes. Your first three documents are free, no credit card required.