Last Updated on 2 months by David Bergmann
Shortly after the move, there is another important date in the calendar: the handover of your old apartment. However, this is not just about the formal “act” of handing over the keys. As a tenant, you are naturally interested in getting your rental deposit back. Read the following article to find out how this works best and what else you need to pay attention to when handing over your apartment!
- Apartment handover: What you need to consider!
- Arrange a handover date
- Procedure for handing over the apartment
- Checklist for handing over the keys
1. Apartment handover: what you need to consider!
In general you must hand over the apartment in the condition in which you took it over. If, for example, “structural changes” have been made to the apartment, the landlord can demand that these be reversed.
According to Art. 260a CO, structural alterations made by the tenant are generally prohibited. This means that the written consent of the landlord must be obtained in advance.
What exactly falls under “structural changes” (renovating and wallpapering walls, new shutters, partition walls, new patio tiles or even just dowel holes) is not always clear. In general, this refers to “intervention in the fabric of the building”, but even this description is vague. Before you start preparing for the move, you should therefore definitely take a look at the rental agreement where you will find the exact requirements for the handover.
Ideally, the landlord or landlady has already kept a handover protocol when the tenant takes over the apartment. This should list the condition of the apartment (including any damage from the previous tenant) as well as existing furniture and furnishings (e.g. kitchen utensils). The handover protocol is used by both the tenant and the landlord to check when moving out.
Hand over the apartment swept clean
Most tenancy agreements stipulate a “swept clean handover” when moving out. Figuratively speaking, you can imagine an apartment having to be swept, i.e. coarse dirt has to be removed.
Conversely, this means that neither the windows nor the tiles in the bathroom need to be polished to a high gloss. However, it is important that the apartment is handed over completely vacated (except, of course, for any built-in furniture or items taken over by the tenant).
Minor blemishes due to normal wear and tear such as light scratches in the parquet do not need to be repaired. However, you should definitely repair any damage or defects caused by yourself due to “excessive wear and tear” (e.g. burn holes in the floor, broken masonry, mold in the bathroom due to infrequent ventilation). You should also repair obvious damage caused by pets (urine stains on the carpet, dirt marks on the walls).
If in doubt, it is better to rectify the defect before handing over the apartment, as landlords in Switzerland can be relatively picky. In the worst case, the rental deposit that you urgently need for your new apartment can be withheld.
Tip: If you have any uncertainties or disputes with your landlord, you can contact the tenants’ association . It supports tenants in Switzerland with questions relating to tenancy law and helps with unjustified additional claims by the landlord.
Here is a brief summary of the to-do’ s before handover:
- Clear out & declutter your home
- Clean the apartment (at least swept clean)
- Repair self-inflicted damage or gross defects
Good to know: Don’t have the time or inclination to clean your apartment yourself? Then book a professional cleaning cleaning service with acceptance guarantee! Click here to the request form.
2. Agree a handover date
The apartment handover usually takes place shortly after the move or shortly before the tenancy agreement expires, as the keys are also handed over during this process and the tenant therefore no longer has access to the apartment.
The landlord or property manager must of course agree the date and time of the key handover with you, i.e. the date should be mutually agreed.
You should definitely allow enough time for clearing the apartment and the final cleaning. In plain language: the later the handover takes place, the more relaxed it is for you. Of course, you do not have to accept an early handover date.
From a purely legal point of view, the rented apartment must be handed over on the last day of the rental period at the latest.
Exceptions prove the rule: However, if this day falls on a weekend or a public holiday, the return will not take place until the next working day.
3. Procedure: Handing over the apartement
In most cases, the keys are handed over between the tenant and the landlord. If one of the two is unable to attend, an authorized third party (e.g. a broker) can also act as representative. It is also permitted to call in a witness (e.g. parents or friends) who are present at the inspection. This can prevent possible disputes.
In some cases, the new tenant is already present at the handover. This can be an advantage, because sometimes the next tenant wants to take over remaining pieces of furniture or doesn’t mind a colorfully painted wall, saving you time and effort.
Apartment acceptance report
As with moving in, a final inspection report (or apartment handover report) should be kept for the security of both parties.
This should contain the following information:
- Name and address of tenant and landlord
- Address of the rental property
- Date of handover, move-in and move-out
- Meter readings: gas, water, electricity
- Any existing defects, damage and soiling (this should be compared with the handover protocol before moving in)
- Condition and cleanliness of the apartment (was it handed over “swept clean”?)
- Key handover: Which and how many apartment keys were returned?
- Agreement on outstanding (cosmetic) repairs or ancillary costs
If the tenant is unable or unwilling to remedy the defects/damage, the landlord may deduct the additional costs incurred from the rental deposit. rental deposit from the rental deposit. To save costs, it is therefore advisable to carry out small repairs yourself.
The acceptance report, including the list of defects, must be signed by both parties at the end of the inspection. It should therefore always be available in duplicate.
In addition to keeping a record of the handover, it is also advisable to document the condition of the apartment with photos. It is best to go through the rooms room by room with the landlord during the viewing and document the condition of the rooms and any damage on camera.
Tip: Don’t want to sacrifice your savings for the rental deposit? Then a rental deposit insurance might be just the thing for you! Here you can find all the information you need on the subject of “Rent deposit insurance”.
4. Checklist for handing over the keys
As mentioned above, you should compare the current condition of the apartment with the condition when you moved in (using the handover protocol, existing photos, etc.).
In addition to this, there are some checks that you should carry out yourself before the viewing . These include:
- Are all the taps working? Do they drip/are they calcified?
- Is the toilet flushing properly?
- Parquet or carpets: Are there any stains, heavy scratches or burn holes?
- Are there many/large drill holes or other damage to the walls? Is the wallpaper or wall paint still in good condition?
- Do all the built-in appliances in the kitchen work?
- Are all radiators in working order? If there is an air conditioning system, does the cooling work? Does it need to be serviced?
- Are there wet stains or even mold on walls, floors or windows?
- Do the windows and doors close properly?
- Are all keys (including cellar, common rooms, mailbox, etc.) available?
- Were all meter readings (electricity, gas, water…) read?
- If (built-in) furniture was taken over by the landlord: Is there any damage or soiling?
The more precisely you document the condition of the apartment, the better. The landlord will certainly be grateful if you draw his attention to any defects (e.g. dripping tap) so that he can rectify them before the next tenant moves in.
Conclusion
Handing over your home is the last big hurdle you have to overcome when moving. As you have already noticed, this is not just a matter of handing over the keys. Because if you want your rental deposit back (who doesn’t?), there are a few things you need to bear in mind.
An apartment takeover and handover protocol records the condition and contents of the apartment both when you move in and when you move out. They help to avoid possible disputes or misunderstandings and create clear relationships.
If you pay attention to the three most important points (vacate the apartment, sweep it clean, rectify any defects), there should be no problems with the repayment of your rental deposit.
If you still have problems or feel you are being treated unfairly, there is always the tenants’ association. They will help you with all questions relating to tenancy law.
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