Reporting defects: set a deadline, reduce the rent, deposit it

A defect is any deviation from the condition you may expect under the lease: broken heating, no hot water, mould, leaking windows, faulty appliances, pests, but also noise from a building site next door. Even defects the landlord is not responsible for entitle you to a rent reduction.

Minor cleaning and repairs are your job (Art. 259 CO): as a rule of thumb anything up to about 150 to 200 francs that can be done without a professional, such as a shower hose, an oven bulb or a fuse. Damage you caused yourself is also at your expense.

You are obliged to report defects immediately (Art. 257g CO). Whoever waits too long is liable for consequential damage, for example when a damp patch turns into mould. Report the defect in writing and by registered mail, even if you have already phoned.

• Describe the defect concretely, with the date, photos or videos.
• Set a reasonable deadline for the repair: a few days for heating or hot water in winter, a few weeks for cosmetic defects.
• Announce what you will do once the deadline passes: claim a rent reduction, deposit the rent or have the defect repaired at the landlord's expense.

• Demand the remedy (Art. 259b CO). If the landlord fails to fix a minor or medium defect despite the deadline, you may have it fixed yourself and deduct the cost from the rent. For serious defects that make the flat unusable, you can terminate without notice.
• Rent reduction (Art. 259d CO), from the moment the landlord knows of the defect until it is fixed. Indicative figures from practice: heating failure in winter 20 to 50 percent, mould in one room 10 to 20 percent, heavy construction noise 10 to 25 percent.
• Damages (Art. 259e CO) if the landlord is at fault, for example for damaged furniture.
• Depositing the rent (Art. 259g CO) as leverage, see below.

1. 1

   Set a deadline and announce the deposit

   In writing, as described above. Without prior warning the deposit is not permitted.

2. 2

   Deposit the rent with the cantonal office

   Once the deadline has passed, you pay the rent due not to the landlord but to the office designated by the canton, usually the conciliation authority or an account it names. You may not simply withhold the rent.

3. 3

   Inform the landlord

   Notify the landlord of the deposit in writing.

4. 4

   Go to the conciliation authority within 30 days

   The deadline runs from the due date of the first deposited rent. If you miss it, the money is paid to the landlord (Art. 259h CO).

• Complaining only by phone. Without a letter nothing can be proven later.
• Cutting the rent on your own. That is arrears and grounds for notice. Claim the reduction and deposit the rent if the landlord does not give in.
• Having repairs done without setting a deadline first. The costs then stay with you.
• Missing the 30-day deadline after depositing.