For most Ukrainians settling in Switzerland, the rental agreement is the document that marks the real start of everyday life. It is often signed in a hurry, in the relief of having finally found a place to live, and that is precisely why misunderstandings surface later: about the deposit, the utility charges, or whether you may take in a flatmate or move out before the term ends. In reality, the Swiss residential rental agreement is built to protect the tenant more strongly than many assume at first. Understanding its logic means more than avoiding common mistakes; it means knowing exactly which rights you hold and when it is worth using them.

What the contract must contain, and why the details matter more than the form

A rental agreement is usually concluded in writing, though the law allows other forms. A few clauses are foundational. First come the parties: for a family it makes sense to name the spouse too, and in a shared flat or informal partnership everyone listed is jointly and severally liable for the rent — the landlord may claim the full amount from any single tenant, not merely their "share."

Next comes the object of the tenancy: the flat together with ancillary spaces such as an attic, cellar, or shared laundry room. The term is recorded separately. Agreements may be fixed-term or open-ended; most run for an indefinite period, which lets either side terminate provided they observe the rules. The notice periods and dates must also be set out.

A central clause concerns the rent and the ancillary costs (the so-called Nebenkosten: heating, water, cleaning of shared areas). One rule is worth memorising: for the landlord to charge these separately from the rent, they must be agreed in the contract specifically and in sufficiently concrete terms. A general phrase such as "plus ancillary costs" may not be enough. If the costs are not itemised, they are presumed to be already included in the rent, and later attempts to add them "on top" rest on weak ground.

The deposit, also called the security deposit, is a topic of its own. It is paid only when the contract requires it, and for residential premises it may not exceed three months' rent; in practice this is usually understood as net rent, excluding ancillary costs. An overlooked detail: this money does not become the landlord's property. It is held in a bank account opened in the tenant's name and returned once the tenancy ends. A dispute may delay the return, but the law protects the tenant here too: if one year after the tenancy ends the landlord has not legally asserted a claim, the tenant may demand the deposit back. This spares people the assumption that the deposit is simply money lost.

Subletting: more freedom than expected

One point that often surprises newcomers is the Swiss attitude to subletting. A tenant may sublet the whole flat or a single room, but must disclose the terms of the subletting and obtain the landlord's consent. That consent is not a matter of the owner's discretion: a refusal is permitted only in three cases set out by law. The first is where the tenant declines to disclose the terms of the subletting. The second is where the property is sublet at an excessive price. The third is where the subletting causes the landlord a substantial disadvantage; the classic official example is a room in a quiet building used as a band's rehearsal space. Beyond these grounds, a refusal has no legal basis.

On price the benchmark is clear: for furnished accommodation a surcharge of up to twenty per cent is allowed for wear on the furnishings; otherwise the tenant should charge roughly what they pay themselves, including ancillary costs.

This system is no accident. In autumn 2024 Swiss voters were asked to tighten the subletting rules — among other things requiring the owner's written consent and capping subletting at two years. In the referendum of 24 November 2024 the change was rejected, with 51.6 per cent voting against, so the existing and fairly liberal rules remained in force. For Ukrainians who leave temporarily or share a flat to manage high rents, this is an important outcome.

Termination: who, when, and on what terms

Most often it is tenants themselves who terminate. Depending on the contract, different dates may apply, or notice periods longer than the statutory minimum. Termination outside the ordinary date is also possible — but then the tenant must find a replacement, otherwise they keep paying until the next ordinary date. If several people signed, all must sign the notice. A separate rule applies to a shared family home: such a tenancy can be terminated only with the consent of the spouse or registered partner, even when only one person originally signed. No reason need be given, and the notice is sent by registered mail.

When the landlord terminates, the principle of so-called freedom of termination applies: formally they may end the tenancy for any reason, but must observe the deadlines and use an official form. This is where the tenant's main protection begins. The tenant may learn the reason and, if the termination is abusive, challenge it — for instance where the landlord ends it shortly after the tenant asked for a rent reduction or the repair of a defect, or after a change in family circumstances. Such a decision can be challenged within thirty days before the competent local or cantonal conciliation authority (Schlichtungsbehörde), whose organisation depends on the canton.

Even where a termination is held valid, the tenant is not defenceless: in cases of hardship — financial strain, illness, or a tight housing market — they are entitled to an extension of the tenancy. This reveals the Swiss approach: a tenancy can be ended, but the tenant is given time and means so the change does not become a catastrophe.

Renting (Miete) and "Pacht": why they are not the same

Here a terminological clarification matters, because it has practical consequences. Alongside the ordinary rental agreement (Mietvertrag), Swiss law recognises a related but distinct contract: the Pacht. On the surface the two look alike, yet the difference is fundamental. An ordinary tenancy hands over a thing for use only. A Pacht adds the right of economic exploitation: the tenant receives not merely premises but the ability to draw income from them — to farm the land, keep a stable, or run a restaurant or hotel.

The obligations differ accordingly. Under such a contract one pays not only rent — money or a share of the harvest or profit — but also assumes the ongoing maintenance costs, except for major repairs. The two notions should not be confused: a flat to live in is an ordinary tenancy, whereas a leased allotment garden, a bar, or farmland for cultivation falls into a different legal category with a different set of obligations.

Handing over the keys to the apartment: what to check in the rental agreement before moving in.

Source: Shutterstock / PeopleImages.com – Yuri A

A contract as support, not a formality

It is easy to see a Swiss rental agreement as a stack of paper to be signed in exchange for the keys. A closer look shows a balanced mechanism in which the tenant holds concrete, effective rights — from the deposit being capped at three months' rent to the right to challenge an unfair termination. Most misunderstandings arise not because the system is complicated, but because these rights remain unknown.

The most useful thing a Ukrainian family in Switzerland can do, then, is to read the contract before signing rather than after the first dispute, with particular attention to ancillary costs, the deposit, and termination. And when individual nuances arise — a contested termination, special subletting terms, or the line between an ordinary tenancy and economic leasing — the definitive answer comes from official sources and, where needed, a specialist or the local conciliation authority.

Sources

• Federal Office for Housing FOH — "Living in Switzerland" brochure
• Federal referendum of 24 November 2024 (tenancy law: subletting)