Guide
If the landlord refuses your reduction request, agrees only in part or does not answer within 30 days, you can apply to the cantonal conciliation authority within a further 30 days (Art. 270a para. 2 CO). The procedure is free, and a termination in retaliation can be challenged.
Under Art. 270a para. 2 CO the landlord must reply to your written reduction request within 30 days. You may apply to the cantonal conciliation authority within a further 30 days if the landlord:
The period starts when you receive the refusal or partial reply, or when the landlord's 30 days run out without an answer. Put the date in your calendar straight away: if you miss it, this request is spent and you can only file a new one for the following termination date.
| Step | Deadline | Legal basis |
|---|---|---|
| Landlord replies to your request | 30 days from receipt | Art. 270a para. 2 CO |
| You apply to the conciliation authority | 30 days after the reply or the missed reply | Art. 270a para. 2 CO |
| Rejecting a proposed decision | 20 days from written notice | Art. 211 CPC |
| Filing a claim after authorisation to proceed | 30 days | Art. 209 para. 4 CPC |
A refusal is often not a flat "no" but a counter-calculation. Landlords may offset the reduction with 40 % of inflation since the last rent adjustment, general cost increases (maintenance, operating costs) and in some cases value-enhancing investments. Some argue the rent is still below the customary rent for the area or does not yield a sufficient return. Whether those objections hold up depends on the figures – see landlord objections to a rent reduction. You can compare the landlord's offer with our calculator, which already deducts the typical inflation and cost offsets.
If the counter-offer is close to your own net figure, accepting it in writing may be the quickest outcome. If it is not, or the landlord gives no reasons at all, the conciliation authority is the next step.
Each canton has conciliation authorities for tenancy matters (Schlichtungsbehörde in Mietsachen), usually organised by district. The authority responsible is the one where the flat is located. Most offer an application form online; a short written application with the essentials is also accepted. Oral applications at the office are generally possible too. Our canton pages list where to find the competent office.
Costs: conciliation proceedings in residential tenancy disputes are free of court costs (Art. 113 para. 2 lit. c Code of Civil Procedure), and no party compensation is awarded. You only pay your own costs, such as a lawyer if you choose to hire one.
Keep paying the current rent in full while the procedure runs. Paying less on your own initiative can lead to arrears – one of the few situations in which the landlord may terminate despite the protection described below.
The authority summons both parties to a hearing, usually within a few weeks. It is informal and designed for people without legal training; the aim is an agreement. Typical outcomes:
If the reduction is granted, it applies from the termination date named in your request; overpaid rent is offset or refunded.
Many tenants hesitate because they fear losing the flat. The law addresses this directly. A termination by the landlord can be challenged if it is issued:
The three-year protection also applies if you can prove with documents that you reached an agreement with the landlord outside proceedings (Art. 271a para. 2 CO). There are exceptions, for example urgent personal need of the landlord or rent arrears (Art. 271a para. 3 CO). A termination must be challenged at the conciliation authority within 30 days of receipt (Art. 273 CO).
Tenants' associations (Mieterverband) advise members before the hearing and often accompany them.
Nothing. In residential tenancy disputes no court costs are charged in conciliation proceedings (Art. 113 para. 2 lit. c Code of Civil Procedure), and no party compensation is awarded. Your own costs, for example for a lawyer, are your own. If the case later goes to court, costs may arise.
30 days. The period starts when you receive the landlord's refusal or partial reply or, if the landlord does not answer, when the landlord's own 30-day reply period ends.
Such a termination can be challenged. This applies to terminations during the proceedings and generally for up to three years after they end 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.
Yes. Keep paying the current rent in full. Paying less on your own initiative can lead to arrears and a termination. If the reduction is granted later, it applies from the requested date and any overpayment is offset or refunded.
Not necessarily. The conciliation hearing is designed for people without legal training. Members of a tenants' association get advice there and often support at the hearing.
In tenancy matters the conciliation authority can issue a proposed decision. If no party rejects it within 20 days, it becomes binding. Otherwise it issues an authorisation to proceed, and the claim must be filed with the court within 30 days.
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.