Rental deposit in Switzerland: amount, rules, refund
What the Code of Obligations says about your deposit, what is only custom, and how to get the money back.
In short
A Swiss landlord may ask for at most three months’ rent as a deposit on a home, paid into a bank account in your name. The bank releases it only if both sides agree or on a final court decision or payment order. With no legal claim within a year of the lease ending, you can reclaim it.
How much can a landlord ask for a rental deposit?
For a flat or house, at most three months’ rent. A deposit is owed only if your lease asks for one, and housing cooperatives usually ask for a membership share instead. The cap applies to homes, not business premises. Landlords may not charge you for applying, reserving a flat or withdrawing an application.
The cap is in Article 257e of the Code of Obligations: in residential leases the landlord may not ask for more than three months’ rent as security (CO Art. 257e, checked ). A deposit is due only when the lease requires one (ch.ch, checked ). With 61% of Swiss households renting at the end of 2024, it is a rule most people meet (BFS, checked ).
Art. 257e says three months’ rent without spelling out how ancillary costs (Nebenkosten) count. If the deposit in your lease looks higher than three months, ask why.
Housing cooperatives normally don’t take a deposit; members buy a share instead (FOH, checked ). No landlord may charge you to apply for, reserve or withdraw from a flat, even if the form says a fee is due (FOH, checked ). The deposit usually comes right after you register with your commune.
-
Maximum
3 months’ rent
for a home, in a bank account in your name.
-
No claim?
1 year
after the lease ends, you can ask the bank for it yourself.
-
Application fees
CHF 0
landlords may not charge to apply for or reserve a flat.
Source FOH (opens in a new tab) ↗
Where must the deposit be held?
In a savings or deposit account at a bank, opened in the tenant’s name. It does not belong in the landlord’s own account. The bank can pay it out only with both parties’ consent or on a final order, and when you move out the money comes back to you with the interest it has earned.
If you give security in cash or securities, the landlord must deposit it in a bank savings or deposit account in your name (CO Art. 257e, checked ). Banks call it a rent deposit account (Mietkautionskonto, compte de garantie de loyer). The interest is yours and is paid out with the deposit (FOH, checked ).
Asked to pay into a private account, or before you have viewed the flat and signed? That is the classic scam: never pay a deposit before you hold a valid lease (Swiss Crime Prevention, checked ). Still searching? See finding an apartment in Zurich or ask home-search specialists.
Deposit account or guarantee?
| Rent deposit account | Deposit guarantee | |
|---|---|---|
| What you pay | Up to three months’ rent, once | A yearly premium to the provider |
| Do you get it back? | Yes, with interest | No, premiums are not refunded |
| If the landlord claims | Paid from the account on agreement or a final order | The provider pays, then usually recovers it from you |
| Landlord’s consent | Not needed | Needed |
Guarantee terms vary by provider; read the recovery clause before you sign.
Can you use a deposit guarantee instead of cash?
Yes, if the landlord accepts it. Instead of blocking cash, you pay a provider a yearly premium and it guarantees the landlord’s claims. The premium is gone for good, and if the landlord claims, the provider pays and then normally asks you to repay it.
Guarantees help when your savings are needed for the move itself. Over a long tenancy the premiums add up, while cash in a deposit account comes back to you with interest (FOH, checked ).
Before you sign, check the premium and fees, when payments stop, and how claims are recovered from you. Insurance advisers can compare offers.
How do you get your rental deposit back?
Hand the flat back clean, walk through it with the landlord and sign the handover report only if you agree with it. The bank then releases the deposit on both signatures, or on a final court decision or payment order. If the landlord takes no legal action within a year of the lease ending, ask the bank directly.
At the handover, the landlord must inspect the flat and tell you immediately about defects you are responsible for. Defects not reported then are lost, except those a normal inspection couldn’t reveal (CO Art. 267–267a, checked ). Both of you record defects in a written report, and by signing it you accept what is listed (FOH, checked ).
The law sets no fixed number of days for releasing an undisputed deposit. It says the bank may pay out only with both parties’ consent or under a final payment order or court decision, and that after one year without a claim you can ask the bank for it yourself (CO Art. 257e, checked ). If the handover went well, ask the landlord to sign the release on the day, or once the last ancillary-cost statement is settled.
Leaving Switzerland? Give the bank an account for the payout. Our first 90 days guide covers the other deadlines of a move.
From handover to refund
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Move-out day
Joint inspection
Defects go into the handover report.
-
Straight after
Landlord reports defects
Anything missed is lost, unless hidden.
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Once settled
Both sign the release
The bank pays out, with interest.
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After 1 year
No legal claim?
Ask the bank to pay you directly.
What can a landlord deduct from the deposit?
Only valid claims from the lease, such as unpaid rent or ancillary costs, and damage beyond normal use of the flat. You must return it in the condition its agreed use implies, not as new. A lease clause making you pay a flat compensation when you leave is void, except where it covers actual damage.
Article 267 requires you to return the property in a condition that accords with its contractual use, and voids clauses requiring compensation on termination unless they relate to damage (CO Art. 267–267a, checked ). Small repairs during the tenancy, such as fuses, bulbs or leaky seals, are yours; larger defects you didn’t cause are the landlord’s (ch.ch, checked ) (FOH, checked ).
Deductions still need both signatures or a final order; the landlord cannot simply take money from the account (CO Art. 257e, checked ). Ask for invoices for anything you are charged.
What if the landlord won’t release your deposit?
Ask in writing first, with a deadline. If that fails, apply to your canton’s conciliation authority for tenancy disputes. It includes tenant and landlord representatives, gives legal advice, and charges no court costs in residential tenancy cases. Its job is to reach a settlement without a court case.
Conciliation authorities for tenancy cases have a chair and equal numbers of landlord and tenant representatives (CPC Art. 113, 200, 201, checked ). They try to reconcile the parties informally, advise them in rental cases, and charge no court costs in disputes about residential leases (CPC Art. 113, 200, 201, checked ). ch.ch lists them by canton (ch.ch, checked ).
The one-year rule works in your favour: if the landlord hasn’t brought a claim within a year of the lease ending, the bank must release the money to you on request (CO Art. 257e, checked ). For larger sums or when you have moved abroad, a tenancy lawyer can write to the landlord for you.
Lawyers for tenancy questions
Advokatur & Mediation Pfander, Alder, Lehmann, Schneider
General & private client · BaselBasel law and mediation office for private clients covering family, employment and tenancy law, inheritance and contracts, with notarial deeds in Basel-City and Basel-Country.
Listed from public information. The business hasn’t checked it yet.
Is this your business?Advokatur Notariat Lemann, Walz & Partner
General & private client · BernBern law and notary firm advising private individuals on family, inheritance, contract and property matters, with notaries for matrimonial, estate and real estate deeds.
Listed from public information. The business hasn’t checked it yet.
Is this your business?AH4 Family Law Experts
Family law · ZürichZurich boutique dedicated to matrimonial and family law, including divorce, international family matters and related inheritance questions. English website.
Listed from public information. The business hasn’t checked it yet.
Is this your business?What else do tenants ask about deposits?
How much is a rental deposit in Switzerland?
At most three months’ rent for a home, under Art. 257e of the Code of Obligations. It is due only if your lease asks for one.
Can a landlord keep the deposit in his own account?
No. A cash deposit must go into a bank savings or deposit account in the tenant’s name.
How long does a landlord have to return a rental deposit in Switzerland?
The law sets no fixed deadline; the bank pays out when both of you sign. If the landlord brings no legal claim within a year of the lease ending, you can ask the bank yourself.
Do I get interest on my rental deposit?
Yes. The account is in your name, and the deposit is paid back with its interest when you move out.
Is a rent deposit guarantee better than a blocked account?
It depends on your cash. A guarantee frees your savings but costs a yearly premium you don’t get back, and the provider usually recovers any claim from you. The landlord must agree to it.
What happens to my deposit if I leave Switzerland?
The rules stay the same. Sign the release before you go if you can and give the bank an account for the payout; otherwise ask the bank yourself after a year without a claim.
Sources
Last checked by the expat-services.ch editorial team
- Fedlex, SR 220 Code of Obligations, Art. 257e: security deposits by tenants (opens in a new tab)
- Fedlex, SR 220 Code of Obligations, Art. 267 (return of the property) and 267a (inspection and notice of defects) (opens in a new tab)
- Fedlex, SR 272 Civil Procedure Code, Art. 113 (no court costs in tenancy conciliation), 200 (joint conciliation authorities) and 201 (legal advice) (opens in a new tab)
- ch.ch Rental and leasing agreements (deposit only if agreed; at most three months’ rent; conciliation authorities) (opens in a new tab)
- ch.ch Quiet times, rent and defects (minor defects, handover list, reporting within 10 to 30 days) (opens in a new tab)
- Federal Office for Housing (FOH/BWO) Living in Switzerland: everything you need to know about renting an apartment (brochure, English) (opens in a new tab)
- Swiss Crime Prevention (SKP/PSC) Betrug bei der Wohnungssuche (rental scams; in German) (opens in a new tab)
- Federal Statistical Office (BFS) Rented dwellings: share of renter households (61% at end of 2024) and average rents (opens in a new tab)