Move-In and Move-Out Inspection: Practical Guide

Importance of the Inspection

The inventory inspection documents the property's condition at the start and end of the lease. Art. 267 para. 1 CO provides that the tenant must return the property in the condition resulting from contractual use.

Move-In Inspection

Documents the property's condition at key handover. Without it, the landlord will have difficulty proving move-out damage is attributable to the tenant. Recommendations: inspect each room methodically, note all existing defects, take dated photographs, have both parties sign, each keeps a copy.

Move-Out Inspection

Art. 267a para. 1 CO requires the landlord to verify the condition upon return and immediately notify the tenant of defects they are responsible for. Failure may result in loss of the landlord's rights regarding those defects.

Immediate Notification Obligation (art. 267a CO)

The landlord must verify and notify defects without delay. For hidden defects, notification must be given upon discovery (art. 267a para. 2 CO). ATF 131 III 257: failure to signal defects at move-out generally means loss of the right to claim, except for hidden defects.

Normal Wear and Tear vs Damage

Normal wear (art. 267 para. 1 CO): cannot be charged to the tenant. Cantons publish lifespan tables: white paint 8-10 years, wallpaper 10-15 years, carpet 10 years, parquet 15-25 years, sanitary fixtures 20-30 years, kitchen worktop 15-25 years.

If an item has reached its theoretical lifespan, the tenant owes nothing even if damaged. If damaged before end of lifespan, the tenant pays only the residual value (pro rata temporis).

Tenant-attributable damage: damage exceeding normal wear (hole in door, cigarette burn on parquet, etc.).

Legal Value

The inspection is an important indicator but not irrefutable proof. A tenant who signed without reservation may still contest if they demonstrate an error.

Financial Consequences

The landlord may: have repairs carried out and charge the tenant (residual value per lifespan tables), retain part of the security deposit (art. 257e CO), or petition the conciliation authority/court.