Guide
With a valid indexed lease the rent follows only the Swiss consumer price index; with a valid graduated lease it follows the agreed CHF steps – a reduction based on the reference rate is not possible during the fixed term. These clauses are only valid with a minimum term of five years (indexed) or three years (graduated); without it, the normal reference rate rule applies.
Most Swiss residential leases are ordinary leases whose rent follows costs – above all the reference rate. Two special forms freeze this link for a fixed period: the indexed rent and the graduated rent. Whether you can claim a reduction after the reference rate cut depends on which type you really have.
| Ordinary lease | Indexed rent | Graduated rent | |
|---|---|---|---|
| Rent follows | Reference rate, CPI (40 %), costs | Swiss CPI only | Agreed CHF steps |
| Valid only if | – | Landlord cannot terminate for ≥ 5 years | Term ≥ 3 years, max. one step per year, steps in CHF |
| Reference rate cut claimable? | Yes | No, during the indexed term | No, during the graduated term |
| Legal basis | Art. 269a, 270a OR | Art. 269b, 270c OR; Art. 17 VMWG | Art. 269c, 270d OR |
With an indexed rent, the parties agree that the rent follows an index. This is only valid if the index is the Swiss consumer price index (CPI/LIK) and the lease is concluded for at least five years (Art. 269b OR). The ordinance specifies that a lease counts as concluded for five years if the landlord cannot terminate it for at least five years (Art. 17 para. 4 VMWG); a right of the tenant to terminate earlier does not prevent this.
During the indexed term:
Increases based on the CPI must be announced at least 30 days in advance for the end of a month (Art. 17 para. 3 VMWG) and, like other increases, on the official form.
With a graduated rent, the lease fixes in advance how the rent rises, for example "CHF 1,900 from 1.4.2025, CHF 1,950 from 1.4.2026". This is valid only if all three conditions are met (Art. 269c OR):
Steps agreed in this way cannot be challenged, except by challenging the initial rent (Art. 270d OR). A reduction because of the reference rate is not possible during the graduated term. For the step notices themselves, a written notice suffices; the official form is not required (Art. 269d para. 5 OR).
After the fixed term, most leases continue indefinitely – and then the normal rules apply again. There is a trap for indexed leases: in its judgment 4A_252/2023 of 24 October 2023, the Federal Supreme Court ruled that adjustments for changes that occurred during the indexed term – including reference rate changes – must be requested for the end of the indexed term, observing the notice period. Anyone who fails to do so is deemed to accept the rent in force at that time as not abusive. Later requests are then measured from the reference rate at that point, not from the start of the lease.
In practice this means: look up in your lease when the fixed term ends and calculate back the notice period (usually three months to a customary termination date). Your request should reach the landlord before that. For graduated leases, the Federal Supreme Court has not decided the question in the same way; it is advisable to act for the end of the graduated term too.
The termination dates relevant for your municipality are listed on our page termination dates by canton.
The labels in the lease are not decisive – what counts is what was actually agreed. Checkpoints:
Our lease check reads these clauses from your document, and you can confirm or correct the lease type before any calculation.
Two further groups are outside the rules on abusive rents:
Not necessarily. Many ordinary leases state the CPI level as part of the rent basis, alongside the reference rate. An indexed rent only exists if the rent is agreed to follow the CPI and the landlord cannot terminate the lease for at least five years (Art. 269b OR, Art. 17 para. 4 VMWG).
Yes, but only based on the index: if the CPI falls, the rent must be adjusted accordingly (Art. 17 para. 2 VMWG). The reference rate plays no role during the indexed term.
The indexation ends. According to the Federal Supreme Court (4A_252/2023 of 24 October 2023), adjustments for changes during the indexed term, including the reference rate, must be requested for the end of that term with proper notice. If you miss this, you are deemed to accept the rent.
No. Except for challenging the initial rent, graduated rents cannot be challenged (Art. 270d OR). But the graduation is only valid with a lease term of at least three years, at most one increase per year and amounts fixed in CHF (Art. 269c OR).
The rules on abusive rents do not apply to luxurious flats and single-family houses with six or more living rooms, not counting the kitchen (Art. 253b para. 2 OR). Both conditions must be met: a large but ordinarily equipped flat is not excluded.
This guide explains the general legal position under Swiss tenancy law. It is not legal advice for your individual case. For disputes, contact your cantonal conciliation authority or a tenants' association.