Rent reduction for defects in your flat
If your flat is impaired by a defect, you can require the landlord to reduce the rent accordingly – from the moment the landlord learned of the defect until it is fixed (Art. 259d CO). The landlord does not have to be at fault. Simply paying less on your own initiative, however, is risky.
When is something a defect?
The landlord must hand over the flat in a condition fit for the intended use and keep it that way (Art. 256 CO). A defect exists when the flat no longer offers what was agreed or can normally be expected: the heating does not reach a reasonable temperature, water comes through the ceiling, mould spreads, the lift is out of service for weeks or construction work makes normal living difficult.
Not every inconvenience counts. The Federal Supreme Court has made clear that not every loss of comfort during a tenancy is a defect (BGE 135 III 345). In that case a new building next door, with windows looking into the tenant's bedroom, was considered normal for an urban area; curtains or shutters were a reasonable remedy. Small defects that you can fix with minor cleaning or repairs are also your own responsibility (Art. 259 CO) – a dripping tap washer, for example.
Defects that already existed when you moved in can also be claimed if they reduce but do not exclude the use of the flat (Art. 258 para. 3 CO).
Your rights at a glance
If a defect arises that you neither caused nor have to fix yourself, you can require the landlord to (Art. 259a CO):
- remedy the defect,
- reduce the rent proportionately,
- pay damages if the defect caused you loss (Art. 259e CO), and
- take over a legal dispute with a third party.
Tenants of flats may also deposit the rent with an office designated by the canton (Art. 259a para. 2 and 259g CO). The rent reduction applies from the moment the landlord learned of the defect until it is remedied (Art. 259d CO). The landlord does not have to be at fault – which is why noise from a neighbouring construction site can also justify a reduction.
How much reduction? Court examples
The law does not set percentages. The reduction reflects how much the use of the flat is impaired, and courts decide each case individually. The Swiss Tenants' Association publishes a list of court decisions for orientation. Some examples from that list:
| Defect (as decided) | Reduction |
|---|---|
| Dishwasher unusable | 3 % |
| Hot water supply intermittently fails on 8 days per month | 5 % |
| Slight mould in a room used as a child's bedroom (4½-room flat) | 10 % |
| Lift out of service, flat on the 4th floor | 10 % |
| Construction work in the adjoining building and courtyard (jackhammer, crane) | 10–15 % |
| Less than 18 °C in the flat, for the winter months | 20 % |
| Water dripping from the ceiling, rotting carpets and mattresses | 25 % |
| Renovation work in the flat above | 25 % |
| Renovation of the flat itself (noise, dirt, crane) | 15–50 % |
| House uninhabitable because the heating failed | 100 % |
These are individual decisions to help you estimate, not fixed rates. Duration, intensity, the rooms affected and the standard of the flat all play a role.
Step by step
- DocumentPhotos, dates, times, temperatures, noise log. Note when the problem started.
- Report in writingTenants must report defects (Art. 257g CO). Send a dated letter, ideally by registered mail.
- Set a deadline and claimAsk for the defect to be fixed within a reasonable period and state that you claim a rent reduction.
- Negotiate or escalateTry to agree on the percentage in writing. If not, the conciliation authority decides – free of court costs.
- Deposit if neededIf nothing happens, announce and make a rent deposit under Art. 259g CO – and file with the conciliation authority within 30 days.
Depositing the rent (Art. 259g–259i CO)
Depositing the rent is the strongest lever, but it has strict prerequisites:
- You must first ask the landlord in writing to remedy the defect, set a reasonable deadline and warn that you will otherwise deposit future rents.
- After the deadline has passed, you must announce the deposit in writing. You can only deposit rents that fall due in the future, with the office designated by your canton.
- Deposited rents count as paid (Art. 259g para. 2 CO), so you are not in arrears.
- You must assert your claims with the conciliation authority within 30 days of the due date of the first deposited rent. Otherwise the money goes to the landlord (Art. 259h CO).
The conciliation authority first tries to reach an agreement; if that fails, it decides on the claims and on the deposited rent. The losing party has 30 days to go to court, otherwise the decision becomes final (Art. 259i CO).
What you should not do
The most common mistake is to simply transfer less rent. If the deduction later turns out to be too high, you are in arrears on part of the rent. The landlord can then set a written payment deadline of at least 30 days and warn of termination, and terminate if you do not pay (Art. 257d CO). A reduction should therefore be agreed in writing, decided by the conciliation authority, or secured through a proper deposit.
A termination in response to you asserting your rights in good faith can be challenged (Art. 271a para. 1 lit. a CO). See what to do if the landlord refuses.
Defects and the reference rate
A reduction for defects and a reduction because of the lower reference rate are two separate claims. The defect reduction is temporary and retroactive from the moment the landlord knew of the defect. The reference-rate reduction (Art. 270a CO) is permanent and applies from the next termination date. If your rent was set when the rate was higher than today's 1.25 %, you can claim both. Check the second one in the calculator.
Frequently asked questions
From when does a rent reduction for a defect apply?
From the moment the landlord learned of the defect until it has been remedied (Art. 259d CO). Report the defect in writing and with a date – the date of your notice often later marks the start of the reduction.
Can I simply pay less rent myself?
That is not advisable. If you deduct an amount yourself and the deduction turns out too high or unjustified, you are in arrears. The landlord can then set a payment deadline of at least 30 days and terminate afterwards (Art. 257d CO). Safer routes are a written agreement, the conciliation authority, or depositing the rent under Art. 259g CO.
Does the landlord have to be at fault?
No. Art. 259d CO links the reduction only to the impairment of the flat, not to fault. That is why construction noise from a neighbouring site can also justify a reduction. Damages under Art. 259e CO are different: there the landlord is released if they prove they were not at fault.
Can I claim the reduction afterwards?
Yes. The Federal Supreme Court held that a reduction can still be claimed after the defect has been fixed or after the tenancy has ended (BGE 142 III 557). The general limitation rules and good faith set the limits. Tenants who complain early and in writing have a much easier time proving their case later.
How much is granted for construction noise?
It depends on duration, intensity and proximity. In the court decisions compiled by the tenants' association, figures range from about 10–15 % for works in the adjoining building, 25 % for renovation in the flat above, to 15–50 % when your own flat is being renovated. These are individual cases for orientation, not fixed rates.
Does this apply on top of a reference-rate reduction?
Yes, they are two separate claims. The defect reduction is temporary and applies until the defect is fixed. The reduction because of a lower reference rate (Art. 270a CO) is permanent and applies from the next termination date. Both can exist side by side.
Sources
- Swiss Code of Obligations, Art. 256–259i and 257d CO (SR 220)
- Swiss Tenants' Association: fact sheet on court decisions on rent reductions for defects (PDF, German)
- Swiss Tenants' Association: defects and damage
- Federal Supreme Court, BGE 142 III 557 (reduction also after the defect is fixed)
- Federal Supreme Court, BGE 135 III 345 (not every loss of comfort is a defect)
Related guides
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.