Your rights as a tenant

The essential rules of tenancy law and, above all, the deadlines not to miss.

These fact sheets give general information and do not replace legal advice. For a personal situation, contact the association or ASLOCA (https://www.asloca.ch). Proceedings before the Conciliation Commission for leases and rents are free of charge.

Challenging the initial rent

Deadline: 30 days from receiving the keys

In Geneva, the landlord must notify the initial rent on the official form, stating the rent paid by the previous tenant. A tenant who considers this rent excessive can challenge it before the Conciliation Commission if they signed out of personal or family necessity, because of the situation on the local housing market, or if the rent has been significantly increased compared with the previous one (art. 270 CO).

If the official form was not provided, the 30-day deadline does not start to run and the rent can be challenged later: seek advice.

Challenging a rent increase

Deadline: 30 days from receiving the notice

An increase must be notified on the official form, with reasons, at least ten days before the notice period begins (art. 269d CO). It is void if it does not use the official form, if no reasons are given, or if it comes with a termination or a threat of termination. The challenge is brought before the Conciliation Commission (art. 270b CO).

Asking for a rent reduction

Two steps: written request to the landlord, then the Commission if refused

When the reference mortgage rate falls, the tenant can ask in writing for a reduction for the next termination date (art. 270a CO). The landlord has 30 days to reply. If the request is refused, partly granted or left unanswered, the tenant brings the matter before the Commission within the following 30 days.

Reporting a defect in your home

Always in writing, ideally by registered post

Insufficient heating, damp, broken lift: the landlord must remedy the defects they know about (art. 259a et seq. CO). The tenant can obtain a rent reduction in proportion to the defect, from the moment the landlord became aware of it (art. 259d CO), and damages if the landlord is at fault (art. 259e CO).

If nothing happens, the tenant can deposit their rent after setting the landlord a reasonable deadline in writing and warning them in writing of the deposit (art. 259g CO). They must then refer the matter to the Conciliation Commission within 30 days of the due date of the first deposited rent, otherwise the deposited rents go to the landlord (art. 259h CO). The procedure is formal: seek advice before starting.

If the defect affects several homes, report it to the association.

Checking service and heating charges

Right to inspect the supporting documents

Only charges expressly provided for in the lease can be invoiced (art. 257a CO). The statement must correspond to actual expenses and the tenant can inspect the invoices and supporting documents (art. 257b CO). Heating and hot water costs are governed by the OBLF (art. 5 to 8).

Works in the building

Rent reduction possible during the works

The landlord may only renovate or alter the home if the works can reasonably be imposed on the tenant, the lease has not been terminated, and the tenant's interests are taken into account (art. 260 CO). Disturbances give the right to a rent reduction. In Geneva, renovation works and the resulting rents are also subject to the LDTR.

Receiving a notice of termination

Deadline: 30 days from receipt to challenge it

Notice given by the landlord must use the official form, otherwise it is void (art. 266l and 266o CO). The tenant can challenge it and ask for an extension of the lease before the Conciliation Commission, within 30 days of receiving the notice (art. 271 et seq. and 273 CO).