Is the landlord allowed to request references from the employer?

Data protection vs. information needs: Analysis and facts

The legal basis: The principle of proportionality

In Swiss tenancy and data protection law, the principle of proportionality generally applies . Landlords may only collect data that is directly relevant to the conclusion and fulfillment of the tenancy agreement. In the context of references for rental apartments, this means: The landlord has a legitimate interest in knowing whether you can afford the apartment (solvency) and whether you will integrate into the building community.

However, he is not allowed to request references for a rental apartment that concern your privacy, your health, or your political views. Requesting references for a rental apartment is not a license to scrutinize your entire personality.

Calling your employer: What is allowed?

If you provide your employer as a contact for references when applying for a rental apartment , the management company is allowed to call them. However – and this is a big but – they can only do so with your explicit consent. You usually give this consent by signing the application form.

However, even with a signature, the questions are limited. For references regarding rental accommodation provided by the employer, only the following information is permitted:

• Confirmation of employment: Do you really work there?
• Length of employment: Are you still in your probationary period or have you not been given notice?
• Income: Are the details on your payslip correct (if there is any doubt)?

Questions about your performance ("Is he a good employee?"), your medical history, or your conduct in the workplace are taboo in the context of references for rental apartments . Your boss is often not even allowed to answer these questions for legal reasons (Art. 328b of the Swiss Code of Obligations). He must limit himself to facts relevant to solvency.

The call to the current landlord

Often more valuable to property managers than references from the previous employer are the current landlord's rental apartment references . The focus here is different. Questions that may be asked regarding rental apartment references from the previous landlord include:

• Was the rent always paid on time?
• Were there any significant complaints about noise or violations of house rules ?
• Was the apartment treated with care?

The same applies here: References for a rental apartment must not delve into personal matters. Whether you often had visitors or how you furnished your apartment is none of the new landlord's business.

Do I need to provide references?

Legally speaking: No. You are not obligated to provide contact information for rental apartment references . Practically speaking: Yes. In metropolitan areas like Zurich or Geneva, property management companies ruthlessly reject incomplete applications. If the reference field for a rental apartment remains blank, your chances of finding a tenant are virtually nonexistent.

It's a dilemma. If you want the apartment, you have to play the game and provide references . Therefore, the strategy shouldn't be refusal, but rather proactive management. Inform your references in advance . Ask your boss: "I'm applying for an apartment; may I provide you as a reference ?" This way, they're prepared and won't be caught off guard by a phone call. A prepared boss usually provides more favorable, yet factually accurate, references .

Written confirmations as an alternative

An elegant way to maintain control over rental references is to obtain written confirmations. Instead of just providing a phone number, you can include an interim reference letter (from your employer) or a short letter of recommendation from your current landlord in your application. This often takes the wind out of their sails. When the property management company has the information in writing, they often forgo the telephone check of rental references . This speeds up the process and prevents misunderstandings over the phone.

Tips for newcomers (expats)

For newcomers, the issue of rental references is particularly sensitive. An employer abroad is often difficult for Swiss authorities to contact (language barrier, time difference). In these cases, written rental references (reference letters) carry more weight. These are common practice in the Anglo-American world. Use them! Explain in your cover letter why you don't have any Swiss rental references (e.g., "First residence in Switzerland"). Offer to accept your employment contract or a confirmation from the HR department as a substitute for telephone references .

When the landlord oversteps boundaries

asked inappropriate questions during the reference check for a rental apartment (e.g., about family planning), this constitutes a data protection violation . You can file a complaint with the Federal Data Protection and Information Commissioner (FDPIC). Practically speaking, this won't help you much with your current apartment search, as the relationship of trust has been damaged. However, it does indicate that you might not have been happy with this landlord anyway. Reputable property management companies adhere to legal standards when obtaining references for rental apartments .

Conclusion

Obtaining references for a rental apartment is a balancing act between the landlord's need for security and your right to privacy. The answer to the title question is: Yes, the landlord may contact your employer, but only with your consent and limited to financial information.

view references for rental properties as a nuisance, but rather as an opportunity to bolster your credibility. Choose your references wisely, inform them in advance, and use written confirmations where possible. Approaching the topic of references for rental properties proactively and transparently signals professionalism – a quality every landlord appreciates.

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Glossary

• References for rental apartments: Information from third parties (employers, previous landlords) about a prospective tenant, which serves to verify creditworthiness and reliability.
• Data Protection Act (DSG): The federal law that regulates the handling of personal data and sets the limits for obtaining references for rental apartments .
• Proportionality : The principle that only as much data may be collected as is absolutely necessary for the purpose (conclusion of a lease agreement).
• Solvency: An applicant's ability to pay. Checking solvency is the main reason for obtaining references from the employer when looking for a rental apartment.
• Registration form: The document in which the applicant usually gives their consent to obtaining references for a rental apartment by signing it .