A Swiss rent increase must be notified on the form approved by the canton, give reasons and arrive at least ten days before the notice period begins – otherwise it is void (Art. 269d CO). If it is formally correct, you can challenge it as abusive at the conciliation authority within 30 days (Art. 270b CO). The procedure is free.
A landlord may raise the rent for the next possible termination date. Art. 269d CO sets strict formal rules. The increase must
The increase is void if the official form is missing, if no reasons are given, or if the landlord threatens or gives notice of termination with it (Art. 269d para. 2 CO). A void increase has no effect, whether or not you challenge it. An increase that arrives too late is not void, but as a rule only takes effect at the following termination date.
The form must show the old and new rent, the date from which it applies and the reasons, with amounts for each reason; it must also explain how to challenge the increase and name the conciliation authority (Art. 19 VMWG). A vague phrase such as "adjustment to market conditions" alone is not enough. For cost increases or value-adding investments you may ask for the figures (Art. 20 VMWG).
The same rules apply when the landlord changes the lease in some other way to your disadvantage – for example cutting services or introducing new service charges (Art. 269d para. 3 CO). See checking your service charge statement.
For a termination date of 31 March with three months' notice: by 21 December.
Check the form, the reasons and the rate your rent is based on.
After 30 days a formally valid increase becomes binding.
Free of court costs; you keep paying the old rent in the meantime.
Often the increase is reduced or dropped – sometimes the rent even falls.
A formally valid increase can still be abusive (Art. 269 and 269a CO). Common reasons and what to check:
| Reason | Rule | What to check |
|---|---|---|
| Reference rate increase | Max. 3 % per 0.25 point for rates below 5 % (Art. 13 VMWG) | Which rate your current rent is based on (step 3) |
| Inflation | Max. 40 % of the rise in the consumer price index (Art. 16 VMWG) | Index values and dates used; since the last adjustment only |
| General cost increases | Actual increases in maintenance and operating costs (Art. 12 VMWG) | Ask for the figures (Art. 20 VMWG); flat rates must be plausible |
| Value-adding investments | Comprehensive renovations count as value-adding at 50–70 % as a rule (Art. 14 VMWG) | Real improvement or just maintenance? Subsidies deducted? |
| Local comparative rents | Art. 269a lit. a CO | The landlord must show at least five truly comparable flats |
More on each objection: landlord objections explained.
This is where many increases fail. The check starts from the last binding rent basis – your lease, the last rent adjustment or a settlement. If the reference rate has fallen since then and the landlord never passed on the reduction, your rent is still based on the old, higher rate. The landlord must take earlier rate changes into account (Art. 13 para. 4 VMWG).
Example: your rent was set when the rate was 1.75 % and was never reduced. The rate then fell to 1.25 % and later rises to 1.50 %. Compared with your rent basis, the rate is still 0.25 point lower. A reference-rate increase is therefore not justified – on the contrary, you may still be entitled to a reduction. According to the Swiss tenants' association, challenging the increase is the last chance to correct reductions that were not passed on.
If the landlord reserved part of an earlier adjustment, the reservation must be stated in francs or percent (Art. 18 VMWG). Check the last adjustment notice for it.
You can raise a reduction claim together with the challenge; the prior written request to the landlord is then not needed (Art. 270a para. 3 CO). Our calculator shows what your rent would be on today's rate.
If you miss the 30 days, a formally valid increase becomes binding. You can then only request a reduction later if the calculation basis changes again.
While the conciliation procedure runs without an agreement, the existing lease continues unchanged (Art. 270e CO): you keep paying the old rent, in full and on time. Paying less than the old rent can lead to arrears.
A termination because you assert your rights in good faith can be challenged (Art. 271a para. 1 lit. a CO). The protection also covers the procedure and generally the three years after it if the landlord largely loses or settles with you (Art. 271a para. 1 lit. d and e CO). Exceptions exist, for example urgent personal need or rent arrears.
30 days after the increase was notified to you (Art. 270b para. 1 CO). You file the challenge with the conciliation authority where the flat is located, not with the landlord.
If it is not notified on the form approved by the canton, if it gives no reasons, or if the landlord threatens or gives notice of termination with it (Art. 269d para. 2 CO). A void increase has no effect.
For rates below 5 %, at most 3 % per quarter point (Art. 13 para. 1 VMWG). What counts is the rate your current rent is based on. If earlier reductions were not passed on, the landlord must take that into account (Art. 13 para. 4 VMWG).
No. During the conciliation procedure the existing lease continues unchanged if no agreement is reached (Art. 270e CO). Keep paying the current rent in full and on time.
A termination because you assert claims under the lease in good faith can be challenged (Art. 271a para. 1 lit. a CO). The protection also applies during proceedings and generally for three years afterwards if the landlord largely loses or settles with you (Art. 271a para. 1 lit. d and e CO).
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.