A landlord’s duties: upkeep, service charges, access
Most disputes start not with the rent but with three everyday questions: who repairs what, what may be charged on, and when the landlord may enter.
Upkeep
The landlord must hand the property over fit for its agreed use and keep it that way (Art. 256 CO). The tenant bears minor upkeep, meaning the small cleaning and repair jobs that ordinary use throws up (Art. 259 CO). The line runs along the size of the job rather than the object: a new seal yes, a failed tap no.
Service charges
A tenant owes service charges only where the lease agreed them expressly and item by item (Art. 257a CO). A single line reading "service charges" with nothing listed under it will not do. Only actual expenditure connected with use may be billed on: heating, hot water, caretaking or a cable connection, where these were agreed. Value-enhancing investment and the owner’s own management costs fall outside, and the tenant may inspect the receipts.
Access to the flat
A right to view or inspect exists only with notice and at a reasonable hour, and the landlord must have regard to the tenant’s interests while exercising it (Art. 257h CO). Holding a key confers no right to enter. Without consent, entry is permissible only where danger is imminent.
If a tenant reports a defect and it goes unremedied, they may demand a rent reduction backdated to the report. Reacting quickly to a defect notice is therefore the cheaper course commercially as well.
These articles set out Swiss law in general terms and are not a substitute for legal advice on an individual case. Cantonal rules differ. In a dispute, contact the rent conciliation authority or a lawyer.