Housing Defects: What to Do

Definition of Defect

A defect exists when the property is not in the agreed condition or has characteristics diminishing normal use (art. 256 para. 1 CO). The landlord must deliver and maintain it in appropriate condition.

Categories (Federal Supreme Court case law)

Serious: render use impossible or considerably restricted (heating failure in winter, flooding, no hot water, dangerous asbestos) Moderate: sensibly diminish use (mould in one room, excessive construction noise, prolonged lift failure) Minor: limited inconveniences (shower seal replacement, small wall crack). Tenant must remedy minor defects themselves (art. 259 CO).

Tenant Rights

Repair Demand (art. 259b CO)

Written notice to landlord with reasonable deadline.

Rent Reduction (art. 259d CO)

Proportional reduction from when the landlord knows of the defect until repair. Examples: heating failure in winter: 20-50%; mould: 10-20%; construction noise: 10-25%; lift failure (high floor): 5-10%.

Rent Deposit (art. 259g et seq. CO)

If landlord fails to repair after notice, tenant may deposit rent with the competent authority. Funds withheld from landlord until defect is remedied.

Early Termination (art. 259b let. a CO)

For serious defects rendering use impossible, tenant may terminate without the usual notice period, after prior notice to landlord.

Tenant Obligations

Immediate notification of defects (art. 257g CO). Failure makes the tenant liable for resulting damage. Tenant must tolerate necessary repair works (art. 257h para. 2 CO).

Procedure

Petition the tenancy conciliation authority. No court fees are charged for disputes relating to residential or commercial leases or agricultural leases (art. 113 CPC).