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Maintenance work by landlord

Under art. 256 of the Swiss Code of Obligations, the lessor is obliged to deliver the property on the agreed date, in a condition suitable for the use for which it was leased, and to maintain it in that condition.

Acceptance of work by the tenant

The tenant must accept the normal consequences of ageing. The lessor is not obliged to carry out minor work or repair defects for which the tenant is responsible.

Maintenance work to be carried out by the tenant

The tenant is obliged to use the property with care and to keep it clean and in good condition. Cleaning, minor maintenance and repairs are the responsibility of the tenant (art. 259 CO).

A non-exhaustive list of minor repairs that are the responsibility of the tenant can be found in the general conditions and rental practices applied in the canton of Geneva for flats and villas. These general conditions are attached to the main lease and form an integral part of the rental agreement.

Tenants renting accommodation in the canton of Geneva are often unaware that, among other things, they are responsible for carrying out the following work:

• replacing broken and damaged windows
• damage caused to the qparquet floor such as burns, scratches and major stains as well as damage caused by stilettos
• replaceng worn tap seals, jet breakers, hoses, worn switches, sockets and fuses,change light bulbs, replace hood filters
• grease locks, hinges, dor and windows plugs
• replace worn ropes and pull straps on shutters and blinds
• unblocking sinks, washbasins upt to the collective pipes
• maintenance of garden of which he has exclusive use of
• sweeping of the living room chimney

 In addition, the tenant must regularly ventilate and clean premises.

Obligation to notify the landlord

According to art. 257 g CO, the tenant must notify the lessor of defects for which he himself is not responsible. He is liable for damages resulting from the failure to notify the landlord.

The tenant is liable for damage caused by auxiliairies to the lessor. Auxiliaries include, for example, roommates, subtenants, customers, employees or people who live in the same household. He is also liable for damage causes by his animals.

Examples of defects that the tenant has to notify  the landlord:

• water damage: even if the tenant was able to stop the water leak in his flat, he may have caused other damage outside his flat
• damage to communal areas, such as water leaks, a broken front door, a broken lift, etc.
• the appearance of parasites or rodents, such as bedbugs, mice, rats, ants or cockroaches. If the tenant is at fault, he or she must pay for the removal of these pests.

Inspection of the property and obligation to tolerate repairs (art. 257 h CO)

The tenant must allow work to be carried out to remedy defects in the property and to repair or prevent damage. The tenant must allow the landlord to inspect the property insofar as this is necessary for maintenance, sale or subsequent rental. Work outside the rented premises, such as repairing the facade or the roof, must also be tolerated. Tenants who unreasonably prevent work from being carried out are liable to pay damages and, if they persist, may even have their lease terminated for breach of their duty of care (art. 257 para. 2 CO).

Modification or renovation by the tenant

Art. 260 a, para. 1: The tenant may only renovate or alter the property with the written consent of the landlord.The tenant must first request the landlord's consent and submit plans, specifications and a description of the proposed conversion. The conversion must comply with legal standards and regulations and be carried out in accordance with good practice. It must not compromise the safety, aesthetics, health or value of the building. The landlord must give his consent in writing and is entitled to refuse the work. The agreement must be carefully drafted.

If the landlord gives his consent, he may ask the tenant for a guarantee to pay for the work and for security to avoid the registration of a legal mortgage by tradesmen. The parties are free to agree whether, at the end of the lease, the lessor should pay compensation for the increase in value or not. If compensation is agreed, it is advisable to set out the method of calculation. It may be agreed that, at the end of the lease, the lessee is obliged to restore the leased premises to their original condition at his own expense. If a successor tenant subsequently takes over the premises, an express clause in the lease may stipulate that the new tenant is obliged to restore the premises to their original condition at his own expense.

The lessor is not required to repair or maintain the installations made by the tenant, even if a successor tenant takes over his installations. If the work is not carried out according to the project and rules of the art, the lessor may request compliance with the work and may also request  the removal of the damage. If the tenant carries out work without the prior agreement of the lessor, the landlord may request the restoration at the tenant's expense and terminate the lease early.

Examples of transformations and modifications which can be made with the agreement of the owner at the expense of the tenant:

• remove interior partitions
• repaint the walls in another color
• install a washing machine or a dishwasher
• install a modern kitchen layout

These are just a few examples. If you are a tenant, it is wise to seek prior written consent of the landlord before carrying out any work, otherwise you risk early termination or returning the premises to their original state with nothing settled. It often happens that tenants carry out work without the owner's consent and it is very risky, so I advise you not to do that. Il is better to discuss with the owner. Often the landlord agrees that the tenant makes improvements.

More information with video that may be of interest to you:

Bed and breakfast in a dwelling in Geneva, law and regulations
How to save energy (heading)
How to achieve good indoor air quality
The maintenance of a villa at the expense of the tenant
Avoid mould

 © Author Esther Lauber, Property Fiduciary with Federal Diploma of Higher Vocational Education and Training, real estate agent, property broker and manager in Carouge Geneva, Geneva, speaks German, French and English
Translated with DeepL (free version), YoutubeTranslator and correction by Esther Lauber. In case of doubt, the French version applies to translations.