According to Article 267, para. 1 of the Swiss Code of Obligations (CO) and Article 10, para. 1 of the Swiss Code of Civil Procedure (CCR), "at the end of the lease, the tenant must return the property in the condition resulting from use in accordance with the contract." This implies that the tenant is only responsible if the property has been used abnormally.
Thus, at the end of the lease, the tenant is responsible for cleaning and minor repairs that are their duty during the lease and for significant defects (damage) that do not result from normal use of the rented property. Other works, especially those resulting from normal wear and tear, are the landlord's responsibility. The rent is deemed to cover the cost of maintenance resulting from normal use of the premises.
During the lease, the tenant is responsible for minor maintenance tasks (Article 259 CO). This obligation continues until the property is returned. Therefore, the tenant must clean the premises before returning them to the landlord and carry out minor repairs, even if these are necessitated by normal use of the rented property.
Normal Wear and Tear
Normal wear and tear of the premises is assessed based on their intended use. For example, commercial premises used as a mechanical workshop deteriorate more quickly than offices. A home rented to a large family degrades faster than an apartment rented to a single person. The floor around chairs in a hairdresser's salon wears out more quickly.
Normal wear and tear includes changes observed with normal and careful use of the property. As long as these changes are within the scope of the lifespan table, they are covered by the rent.
Examples of Normal Wear and Tear:
Discoloration of wallpaper.
Traces of furniture and pictures on the walls.
A reasonable number of holes and nails in the walls, provided they are "clean" and filled.
Worn carpets.
Minor marks on wooden floors.
A refrigerator malfunctioning due to its age.
Examples of Abnormal Wear and Tear:
Walls heavily blackened by habitual smokers.
Torn wallpaper.
Marks or dents on the sink.
Stains on carpets or wallpaper.
A broken door handle.
The tenant is liable for defects that exceed normal wear and tear: they must cover the repair costs for such defects. If repair is impossible or the costs are disproportionate, the compensation owed by the tenant to the landlord is not the replacement cost of new installations but the current value of the installation to be replaced. This compensation must account for the wear and tear of the old installations, their age, and the added value the landlord gains from new installations.
The tenant is liable for damage beyond normal wear and tear, which results from either their fault or the fault of individuals for whom they are responsible (family members, guests, subtenants, employees, or other agents; Articles 101, 262, para. 3 CO, 333 CCR). The same applies if the damage is caused by a pet owned by the tenant (Article 56 CO). If the damage was caused by an unauthorized third party (a burglar, neighbor, landlord's agent, etc.), the tenant is relieved of their obligations.
Examples:
Wallpaper in the living room has been "scribbled on" by children. This is abnormal use of the premises. The tenant is responsible. Wallpaper typically has a lifespan of ten years. Compensation should be calculated based on the cost of replacing the wallpaper, minus 10% per year from the date the landlord last replaced it. Thus, if the tenant stayed for three years and the landlord replaced the wallpaper two years before the tenant moved in, the tenant owes 50% of the replacement cost.
The tenant damaged an old stove. The landlord cannot charge the tenant for a new installation with the latest improvements. Instead, the landlord must consider only the value of the old appliance and deduct a percentage related to its age.
This principle applies to all installations. Refer to the lifespan tables established jointly by landlord and tenant associations. For average quality, David Lachat suggests that the lifespan mentioned in the tables should be considered a maximum. The longevity of installations can also be adjusted according to agreed usage.
In cases of minor damage or aesthetic issues (e.g., replacing wallpaper to remove a few stains, scratches on the sink), the total replacement cost of the installation is disproportionate to the damage for which the tenant is responsible. Therefore, the compensation due should not lead to enrichment of the landlord.
The tenant should consider obtaining liability insurance to protect against potential claims for damages resulting from abnormal use of the rented property.
Sources:
D. Lachat, Le bail à loyer, Lausanne 2019, pp. 1040-1047.
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