Defects in your rented flat: your rights

Updated on 20.10.2026 · 4 min read

Minor, moderate or serious defect? How to report defects, set a deadline, ask for a rent reduction and pay rent into escrow the right way.

The landlord must hand over the flat in a condition fit for its intended use and keep it in that condition (Art. 256 CO). If a defect appears that you are not required to fix yourself, you must report it (Art. 257g CO) – otherwise you may be liable for any resulting damage. Your rights depend on how serious the defect is.

Minor, moderate and serious defects

• Minor defects you fix yourself and at your own expense, where small cleaning or repair jobs as part of normal upkeep are enough (Art. 259 CO) – such as a blocked sink trap or a broken shower hose.
• Moderate defects restrict the use of the flat, but not significantly – for example a broken oven or a window that is not airtight.
• Serious defects prevent or significantly impair the use of the flat – for example heating that fails in winter or heavy mould in living areas.

Your rights with moderate and serious defects

• Repair: the landlord must remedy the defect within a reasonable period. If they do not, you can have a moderate defect repaired at their expense and, for a serious defect, terminate the lease without notice (Art. 259b CO).
• Rent reduction: a proportionate reduction from the time the landlord learned of the defect until it is remedied (Art. 259d CO).
• Damages, unless the landlord proves they are not at fault (Art. 259e CO).
• Depositing the rent to enforce the repair (Art. 259g CO, see below).

Reporting defects properly

1. Report the defect immediately and in writing – with the room, a description and the date you noticed it.
2. Document it with dated photos or videos.
3. Set a reasonable deadline for the repair – from a few days to a few weeks, depending on urgency.
4. In an emergency such as a burst pipe, inform the caretaker or property management immediately and limit the damage as far as reasonably possible.

Pay rent into escrow instead of withholding it

Simply not paying the rent is risky: you fall into arrears and risk termination (Art. 257d CO). Instead, the law provides for depositing the rent (Art. 259g CO):

1. Set the landlord a reasonable deadline in writing to remedy the defect and warn that you will otherwise deposit future rent payments.
2. If the deadline passes without action, announce the deposit in writing and pay the rent as it falls due to the office designated by the canton. The rent is then deemed paid.
3. Assert your claims before the conciliation authority within 30 days of the due date of the first deposited rent – otherwise the deposited amounts go to the landlord (Art. 259h CO).

Defects at move-in: the handover report

Record all visible defects in the handover report when you move in. Report anything you discover later promptly and in writing; many leases set a deadline of 10 to 30 days for this. That way you avoid being blamed for old damage when you move out. If there is a move-out report from the previous tenant, you can ask to see it at the handover (Art. 256a CO).

On immoz.ch you report defects directly from the digital lease – with the room, a description, urgency, an optional deadline and up to ten photos. Both parties see the history, and the other party is notified of every change by email and push notification. You also confirm the handover report, with photos for each room, electronically there. To announce that you will pay the rent into escrow, also send a signed letter by registered mail.

This overview is not legal advice. The cantonal conciliation authorities and homeowners’ and tenants’ associations can help with questions.