Apartment Handover Protocol

Almost every dispute over a Swiss rental deposit comes down to one distinction drawn at one appointment: whether a mark on a wall is normal wear or damage. The protocol written that afternoon is the only contemporaneous evidence either side will have, and its quality is decided in the twenty minutes both parties spend walking through the flat.

Normal wear and tear is where the deposit is decided

The concept of 'normal wear and tear' (ordentlicher Verschleiss / usure normale) is central: a landlord cannot charge a tenant for deterioration that results from normal, careful use of the property over the tenancy period. The longer the tenancy, the greater the acceptable degree of wear. Kantonales Mietamt guidelines and the SVIT (Swiss Association of Real Estate Professionals) provide detailed life expectancy tables for building components.

Normal wear includes: light scuffs on walls that can be repainted in the normal redecoration cycle, worn floor finishes on high-traffic areas after many years of use, faded paintwork, and minor marks from hanging pictures. It does not include: holes in walls, water damage caused by the tenant's negligence, pet damage, burns, broken glass, or damage beyond what would be expected from reasonable use.

What the protocol records

• Property address and tenancy details
• Handover date and parties present
• Room-by-room condition assessment (walls, floors, windows, fittings)
• Electricity, gas, water, and heating meter readings
• Number and type of keys returned or handed over
• Inventory items included or missing
• Defects and damage noted (with photographic evidence upload)
• Agreed remediation responsibility (tenant or landlord)
• Signatures of both parties acknowledging the protocol

The handover appointment

The handover inspection (Übergabetermin / état des lieux) is one of the most consequential moments in a Swiss tenancy. It determines what the outgoing tenant owes for repairs and cleaning, and what the landlord must carry as normal wear and tear. Swiss tenancy law, codified in the Code of Obligations (OR) Art. 256-274, gives tenants strong protections and places the burden on landlords to prove damage above normal wear.

This template guides both parties through a structured room-by-room inspection, captures meter readings, records the number and type of keys handed over, documents any defects noted, and collects signatures from both the landlord (or property manager) and the outgoing tenant.

When the deposit has to come back

Swiss law requires the landlord to return the security deposit (Mietkaution / depot de garantie) within a reasonable period after the tenancy ends, typically within 30 days if no defects are in dispute. If the landlord wishes to retain part of the deposit to cover damages, they must notify the tenant in writing and provide documentation. The deposit is held in a blocked bank account in the tenant's name and earns interest.

Is a protocol mandatory?

While not explicitly mandatory, a handover protocol is strongly advisable and industry-standard practice in Switzerland. Without a documented protocol, it is extremely difficult for either party to prove the condition of the property at the time of handover. Courts typically apply the principle that undocumented defects are assumed to be the landlord's responsibility.

If the tenant disagrees with an entry

The tenant has the right to note disagreements directly on the protocol before signing. Adding a written objection (e.g., 'I do not agree with the damage assessment for the kitchen floor') preserves the tenant's rights while still completing the handover. The tenant should request a copy of the signed protocol immediately.

Keep it for at least five years

Both parties should retain the signed protocol for at least five years after the end of the tenancy, as limitation periods for tenancy-related claims can extend several years. Digital copies with a clear timestamp are equally valid as paper originals.

Running the inspection