What must be included in the rental agreement?

The heart of living: Analysis and facts

1. The contracting parties: Who is actually renting?

The first and most important point in a rental agreement is the clear identification of the parties. Who is the landlord? Is it a private individual or a property management company? Even more importantly: Who is the tenant? Are you moving in as a couple or as a shared flat? If several people sign the contract, they are jointly and severally liable. This means the landlord can demand the entire rent from any single person. This aspect is an essential part of the rental agreement . If a name is missing, that person has no rights to the apartment, but is also not liable. The correct identification of the parties in the rental agreement is the basis for all further legal claims.

2. The rental property: What exactly are you renting?

It sounds obvious, but the rental agreement must precisely define the rental property. "3-room apartment on the 2nd floor" is often insufficient. Does it include a cellar compartment? Are you allowed to use the attic? Is the parking space included in the rental agreement , or do you need a separate contract for that? The shared use of the laundry room or bicycle storage should also be mentioned in the rental agreement . Anything not explicitly stated in the rental agreement is not legally considered rented. Ensure that the rental agreement accurately reflects the current condition of the property and the scope of its use.

3. The rent and additional costs

This is where most mistakes happen. The rental agreement must itemize the net rent and additional costs separately.

• Net rent: The price for using the space.
• Additional costs: heating, water, building maintenance. A precise list of what is included in additional costs is a mandatory part of the rental agreement . If the rental agreement only states "including additional costs" without further details, this is often considered a flat rate. Are advance payments agreed upon? If so, this must be stated in the rental agreement . Caution: Costs not listed as additional costs in the rental agreement (e.g., elevator subscription if not mentioned) cannot be charged to the tenant later. The rental agreement Contents is here In conclusion .

4. Start date and duration of the tenancy

When can you move in? The start date of the tenancy is an essential part of the rental agreement . Furthermore... The rental agreement regulates this. The content and duration.

• Indefinite: The standard in Switzerland. The contract runs until it is terminated.
• Fixed-term: The contract ends automatically on a specific date. A properly drafted lease agreement also defines the notice periods and termination dates. If these are missing from the lease agreement , local legal customs apply (usually a 3-month notice period). To avoid surprises, the lease agreement should clearly state these points.

5. The rental deposit (security deposit)

Does the landlord require a security deposit? If so, this must be explicitly stated in the rental agreement . The law limits the amount to a maximum of three months' rent. The rental agreement cannot stipulate a higher sum. Furthermore, the rental agreement should specify that the money will be deposited into an escrow account in your name. If the rental agreement does not include a security deposit clause , you are not legally obligated to provide one – even if the landlord requests it verbally.

6. House rules and small pets

Often, the house rules are a separate appendix, but are mentioned in the lease agreement as an "integral part" of the contract. This makes them legally binding. Keeping pets is also a relevant part of the lease agreement . While small animals (hamsters, fish) are always allowed, the lease should include a clause (permission or prohibition) regarding dogs and cats . If the lease agreement is silent on this point, keeping pets is often open to interpretation, which can lead to disputes. A well-drafted lease agreement provides clarity in this regard.

7. Handover protocol and list of defects

Although the move-in inspection report is usually a separate document, the lease agreement often refers to it. It's advisable to have the lease agreement stipulate that a report will be drawn up upon move-in. This protects you from claims for damages you didn't cause when you move out. The lease agreement should also mention the obligation to report defects and the relevant deadlines (usually 10-14 days after moving in).

8. Small maintenance

One detail that's often overlooked: The rental agreement should specify the maximum amount you're responsible for covering minor repairs (seals, lightbulbs). A common limit in rental agreements is around 150 to 200 Swiss francs per incident or 1-2% of the annual rent. If this information is missing from the rental agreement , the statutory regulations regarding "minor maintenance" apply, which are often open to interpretation. A clear figure in the rental agreement protects your finances.

9. Special Agreements

Are you allowed to sublet? Do you plan to make structural changes? These are the kinds of points that belong in the lease agreement , often under "Special Agreements." Even if the law permits subletting under certain conditions, it's safer to outline the procedure in the lease agreement . A customized lease agreement is always better than a standard form that ignores your specific situation.

Conclusion

A rental agreement is not a document to be skimmed. Its contents govern your daily life and financial obligations for years to come. What is not explicitly stated in the rental agreement often doesn't exist legally or falls under statutory provisions that aren't always to your advantage.

Pay meticulous attention to ensuring that the parties, property, price, and additional costs are precisely defined in the lease agreement . An incomplete lease agreement is fertile ground for future disputes. Take the time to review the lease agreement yourself, or have it reviewed, before signing. Only those who understand their lease agreement can live securely.

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Glossary

• Rental agreement content: The entirety of all rights and obligations between tenant and landlord that are fixed in writing.
• Joint and several liability: If there are multiple tenants named in the lease, each individual is liable for the entire rent. An important point. aspect at the Rental agreement Content for shared apartments .
• Additional costs: Costs for heating, water, etc., which are only owed if they are explicitly listed in the rental agreement .
• Rent deposit: The rent deposit (max. 3 months' rent), the amount and type of which must be regulated in the rental agreement .
• Advance payment: Monthly prepayment towards utilities, which is settled at the end of the year. Must be included in the rental agreement . The content should be labelled as such .