Applying for a flat: documents, debt collection extract and data protection
In the cities a good flat often attracts dozens of applications. If you submit a complete dossier quickly, you have the edge. Here is what belongs in it, how to order the debt collection register extract (Betreibungsauszug) and which information the landlord may not ask for at all.
What belongs in your application dossier
- The property manager's application form, filled in completely and legibly.
- A recent debt collection register extract, usually no older than three months, for every person who will sign the lease.
- Proof of income, for example your last three payslips, your employment contract or, if you are self-employed, your latest tax assessment.
- A copy of your passport, ID card or residence permit. Some property managers only ask for it once you are on the shortlist.
- Proof of personal liability insurance, if requested.
- A short cover letter: who is moving in, why this flat and from when.
Ordering the debt collection extract
The extract is issued by the debt collection office at your current place of residence. You can order it at the counter, by mail or online, for example via EasyGov or your canton's portal. It costs around 20 francs and usually arrives within a few days.
The extract lists debt collection proceedings from the last five years, but only those within that office's district. If you have moved in recent years, some landlords also ask for an extract from your previous place of residence.
If you have paid a debt, ask the creditor to withdraw the proceedings. The office no longer discloses withdrawn proceedings to third parties (Art. 8a para. 3 DEBA). If proceedings are unjustified and you filed an objection (Rechtsvorschlag), you can apply to have them left off the extract once three months have passed since the payment order was served. This only works if the creditor has done nothing in the meantime to have the objection set aside.
What the landlord may and may not ask
Under Art. 6 of the Federal Act on Data Protection (FADP), a landlord may only process the data needed to choose a tenant and for the lease itself. The Federal Data Protection and Information Commissioner (FDPIC) has published guidelines on this.
For example, the landlord may ask about:
- Your name, address, date of birth and contact details
- How many people will move in, and any pets
- Your occupation, employer and income
- Debt collection proceedings against you
- Musical instruments or any special use of the flat
The landlord may not ask about matters unrelated to the tenancy, for example:
- Religion, political views or health
- Pregnancy or family planning
- Membership of the tenants' association
- Your AHV number (Swiss social security number)
- Criminal convictions. Asking for a criminal record extract is generally disproportionate.
Once the flat has been let, the landlord must destroy or return the documents of unsuccessful applicants. References from your previous landlord may only be obtained with your consent.
How to apply successfully
Check the address first
Noise, public transport, taxes and building data can all be checked before the viewing. The address analysis shows everything in about 30 seconds.
Work out what you can afford
Your gross rent, including service charges, should be no more than a third of your net income. Many property managers calculate along similar lines. The affordability calculator shows your ratio.
Have your dossier ready
All documents in one PDF, a recent debt collection extract and the application form already filled in.
Ask questions at the viewing
About the previous rent, service charges, heating and planned renovations. Make a note of the flat's condition.
Apply quickly
Ideally on the same day, by email to the property manager, with a short cover letter.
Typical mistakes
- A debt collection extract that is more than three months old.
- Missing details on flatmates who will also sign the lease.
- Incomplete forms. Many property managers weed these out first.
- Concealing debt collection proceedings instead of briefly explaining them.
- Handing in originals instead of copies.
Frequently asked
How old may the debt collection extract be?
Most property managers ask for an extract no older than three months. Order a new one as soon as you start looking seriously.
What if my extract shows debt collection proceedings?
Explain them briefly and enclose evidence, such as a payment receipt. If the debt has been paid, ask the creditor to withdraw the proceedings. They will then no longer appear on the extract.
May the landlord ask about my salary?
Yes. Your income shows whether you can afford the rent. A payslip or your employment contract is usually enough.
What helps if my income is tight?
A second person who co-signs the lease and is jointly liable, a deposit guarantee from an insurer or a deposit up to the legal limit of three months' rent. Mention this straight away in your cover letter.
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30-day deadline, previous-rent form, conciliation authority. Art. 270 CO.
Max. 3 months' rent, blocked account in your name, release after one year at the latest. Art. 257e CO.
Allowed with consent, no profit, you are liable for your subtenant. Art. 262 CO.
Sources and legal texts
- Debt Enforcement and Bankruptcy Act, Art. 8a DEBA (Fedlex, English)
- Federal Act on Data Protection, Art. 6 FADP (Fedlex, English)
- Federal Data Protection and Information Commissioner (FDPIC)
- EasyGov: order a debt collection extract online
- Swiss Tenants' Association (Mieterverband)
This article explains the legal situation in general terms and is no substitute for legal advice. For your specific case: the tenants' association (mieterverband.ch) or your municipality's conciliation authority.