The property inventory constitutes one of the most important documents in a residential tenancy in Switzerland. It protects both the landlord — by allowing them to document the initial condition of the property — and the tenant — by allowing them to prove that they returned the property in a conforming condition. A poorly drafted or absent inventory is often the cause of costly disputes at the end of a tenancy. PBM Avocats assists you in drafting, contesting and interpreting this essential document.
Legal Framework: Art. 267a CO
Art. 267a CO provides that, when the tenant returns the rented property, the landlord must inspect its condition as soon as possible and immediately notify the tenant of any defects. If the landlord omits to carry out this inspection and notification, they lose the right to rely on defects that a normal inspection would have detected.
This provision protects the tenant against late claims relating to defects that were not noted immediately upon return. The case law of the Federal Supreme Court has clarified that the period to carry out the exit inventory and notify defects is short — generally a few working days after the return of the keys.
| Type of inventory | Timing | Legal obligation | Sanction if omitted |
|---|---|---|---|
| Entry inventory | Taking possession | Not imposed by law | Presumption in favour of tenant |
| Exit inventory | Return of keys | At the tenant's request (art. 267a CO) | Loss of right to rely on defects |
| Notice of defects (entry) | Within 2-4 weeks | Art. 258 CO (reasonable period) | Presumption of acceptance of defects |
| Notification of defects (exit) | As soon as possible | Art. 267a CO | Preclusion of late claims |
The Entry Inventory: Establishing Evidence
Although not required by law for entry into the property, the entry inventory is strongly recommended and carried out almost systematically by property agencies and professional landlords in Geneva and Lausanne. This document constitutes the benchmark against which the condition of the property will be compared at exit.
A complete entry inventory must describe:
- The general condition of each room (living room, bedrooms, kitchen, bathroom, WC, corridor, cellar, garage)
- The condition of surfaces: walls, ceilings, floors (parquet, tiles, carpet), state of paintwork
- The condition of woodwork: doors, windows, shutters, blinds, fittings
- The condition of installations: fitted kitchen, sanitary fittings, heating, electricity
- Meters: cold water, hot water, electricity, gas (readings at the date of the inventory)
- The number and condition of keys handed over
- Pre-existing defects with precise description and, ideally, photographs
The Exit Inventory and Normal Wear and Tear
On return of the property, the condition is compared to the entry inventory. The tenant is liable for damage exceeding normal wear and tear resulting from use in accordance with the tenancy (art. 267 para. 1 CO). Normal wear and tear includes inevitable physical wear related to reasonable use and the duration of the occupancy.
The Depreciation Schedule
Swiss case law applies depreciation schedules to calculate the tenant's share in the repair of damage. These schedules define the presumed service life of each element and the percentage of wear attributable to time. Examples:
| Element | Presumed service life | Tenant's share |
|---|---|---|
| Interior paintwork (standard) | 8 to 10 years | Proportional to remaining service life |
| Wallpaper | 10 to 15 years | Proportional to remaining service life |
| Carpet | 10 years | Proportional to remaining service life |
| Parquet (sanding/varnishing) | 25 years | Proportional to remaining service life |
| Tiles | 25 to 30 years | Replacement if broken by tenant |
| Sanitary fittings | 25 to 30 years | Proportional if damage attributable |
The Procedure in Case of Dispute
If the tenant contests the landlord's claims made at the exit inventory, they have several remedies:
- Refusal to sign the inventory record if claims are unjustified (with written note of reservations)
- Written contestation addressed to the landlord in the days following the inventory
- Application to the conciliation authority if the deposit is wrongly retained
- Court action before the Rent and Tenancy Court if conciliation fails
The rental deposit may only be released in favour of the landlord with the tenant's agreement or by court decision. PBM Avocats assists you in contesting unjustified claims and recovering your rental deposit. Our experience before the Geneva and Vaud courts guarantees effective defence of your rights.
Frequently Asked Questions on the Property Inventory in Switzerland
Is a property inventory mandatory in Switzerland?
Art. 267a CO provides that the landlord must draw up a property inventory on the tenant's departure if the latter requests it. On entry, the law does not formally require it, but it is strongly recommended for both parties. In practice, almost all professional landlords in Geneva and Lausanne draw up an entry inventory. In the absence of such a document, the presumption favours the tenant: the landlord bears the risk of being unable to prove the initial condition of the property.
What must a complete property inventory contain?
The inventory must precisely describe the condition of each room and each element of the property: walls, ceilings, floors, windows, doors, kitchen and bathroom fittings, included appliances, heating installations, letterboxes, cellar, garage, etc. It must note existing defects, the state of the paintwork (fresh, old, worn), scratches and damage. The presence of both parties or their representatives, and their signatures, are essential to validate the document.
What is the deadline for reporting defects on entry?
If the entry inventory does not mention certain defects, the tenant may report them in writing to the landlord within a reasonable period after moving in, generally considered to be 2 to 4 weeks (art. 258 CO). After this period, the tenant is presumed to have accepted the condition of the property as found. It is therefore crucial to visit the property carefully and report all defects in writing (registered letter) as soon as possession is taken, without delay.
What damage is the tenant's responsibility on departure?
The tenant is liable for damage that goes beyond normal wear and tear resulting from use in accordance with the tenancy (art. 267 para. 1 CO). The distinction between normal wear and damage attributable to the tenant depends on the intensity and duration of the occupancy. Swiss courts apply depreciation schedules (service life grids): for example, paintwork in a property occupied for 10 years can only be charged in proportion to the remaining service life, estimated at 8-10 years for standard paintwork.
Can the deposit be retained if the tenant does not return the keys on the agreed date?
The landlord may retain the rental deposit (max. 3 months' net rent) to cover damage noted at the exit inventory, unpaid rent, or cleaning costs not carried out. However, they may not unilaterally retain the deposit without justification: they must obtain the tenant's agreement or a court decision. In Geneva, the rental deposit is subject to the rules of the Caisse de dépôts et de consignations and may only be released in the legal forms.