In Switzerland, the basic principle is that the rent (net rent) covers the use of the property. Anything beyond that must be contractually agreed upon. The issue of tenant cost allocation is divided into two main areas: ancillary costs (heating, water, etc.) and maintenance (repairs). Many landlords mistakenly believe that the "polluter pays" principle means the tenant has to pay for everything they use or break. However, the law protects tenants from unlimited cost burdens . Investments, taxes, and normal wear and tear are the landlord's responsibility. Correct cost allocation for tenants requires transparency in the lease agreement. What isn't explicitly stated there, the tenant usually doesn't have to pay. In this article, we analyze the items on the utility bill and the notorious "minor maintenance" to provide you with legal certainty regarding cost allocation for tenants .
Egal, welche Fragen du rund um Immobilien hast – Loft ist da, um sie dir übersichtlich, verständlich und zuverlässig zu beantworten.
Stelle Fragen zu einer ImmobilieThe largest item in the costs tenants are ancillary costs. Here you can pass on costs that are related to the use of the rented property.
A tenant's assumption of utility costs is only permissible if the individual items are explicitly listed in the lease agreement. A blanket clause such as "all utility costs are the responsibility of the tenant" is invalid.
This is a frequent point of contention. Is it permissible to pass on the management costs to the tenant?
Previously, it was standard practice for tenants to pay for cable TV. Since many tenants now watch television via the internet, they can request that the cable connection be sealed. In that case, the tenant is no longer responsible for this fee.
Another key aspect of tenant cost responsibility is repairs. Generally, the landlord is responsible for maintenance. However, there is one important exception: minor repairs.
The tenant must pay for minor cleaning and repairs that he can do himself without professional expertise ("manually").
As soon as expert knowledge is required (e.g., an electrician needs to be called out), the tenant is no longer responsible for costs , even if the bill is only 100 francs. The tenant does not have to pay a tradesperson. The tenant's responsibility for costs is therefore limited to materials for items that can be replaced by the tenant themselves.
If something breaks that is not covered by minor maintenance (e.g., a crack in the sink or scratches in the parquet floor), the question of who bears the costs arises from the perspective of liability.
Full cost coverage by the tenant is rare, as items have a lifespan.
If you're renovating (new kitchen, new windows), you can't send the bill to the tenant. Directly having the tenant cover the costs is illegal in this case.
However, if the investments increase the property's value (comfort), you are allowed to raise the rent.
Landlords often try to charge flat fees for "minor issues".
The question "Which costs can I pass on to the tenant?" requires discipline. The tenant's cost coverage is strictly limited to contractually agreed, actual ancillary costs and minor maintenance up to approximately 150 Swiss francs. Everything concerning the building's structure, major repairs, or general administration is covered by the net rent.
Never attempt to extend the tenant's responsibility for costs to areas that are legally assigned to the landlord (e.g., repair funds). Transparent accounting builds trust and prevents the tenant from challenging the tenant's cost allocation at the conciliation board – a process landlords usually lose with unclear contracts.
If you are unsure which items in your utility bill are legally valid or whether a specific repair falls under the tenant's responsibility for minor maintenance costs, Loft offers precise data analysis and tools to ensure your billing is legally compliant.
Egal, welche Fragen du rund um Immobilien hast – Loft ist da, um sie dir übersichtlich, verständlich und zuverlässig zu beantworten.
Stelle Fragen zu einer Immobilie