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Free Guide to Hiring a Real Estate Lawyer
Landlord and tenant matters in Chur are governed primarily by Swiss federal law with practical administration and dispute resolution handled locally in the Canton of Graubunden. The Swiss Code of Obligations sets out core rules for rental contracts, deposits, rent adjustments, termination and basic rights and duties of landlords and tenants. In Chur you will interact with municipal offices, a local conciliation authority for tenancy disputes and cantonal courts if appeals are needed. German is the main working language for contracts and proceedings - translations may be needed for non-German speakers.
Many landlord and tenant situations can be resolved without a lawyer, but legal advice or representation is advisable when stakes are high, the facts are contested or procedures are time-sensitive. Common reasons to consult a lawyer include:
- Complex eviction cases or threats of eviction where your housing is at risk.
- Disputes about unlawful rent increases, indexation clauses or major renovation-related rent changes.
- Serious damage, deposit disputes and contested deductions from the security deposit.
- Contract drafting or review for commercial leases or unusual residential agreements.
- Cross-border or multi-party ownership issues, for example co-ownership, inheritances affecting tenancy, or landlords based abroad.
- When negotiations with the other party fail and you need representation at the conciliation hearing or in court.
Key legal features relevant in Chur and the Canton of Graubunden include:
- Governing law: The Swiss Code of Obligations contains the main provisions for leases, including formation of lease, obligations of parties, termination, rent adjustments and remedies for defects.
- Security deposits: Landlords commonly require a deposit, and Swiss law limits deposits to a maximum of three months' rent. The deposit should be held separately, typically in a blocked account in the tenant's name, with interest credited to the tenant.
- Rent and increases: Rent may be adjusted for reasons specified in law - for example changes in mortgage interest costs, costs of maintenance or indexation clauses. Formal notice and a clear calculation are required; tenants have a statutory right to contest increases.
- Termination and notice periods: For standard residential leases the usual termination period is three months, unless a different period was agreed and is permitted by law. Special types of leases and fixed-term contracts follow distinct rules.
- Repairs and maintenance: The landlord is generally responsible for structural and major repairs. Tenants must carry out minor upkeep. If defects are not remedied, tenants may be entitled to a rent reduction or to have repairs carried out and charged to the landlord in certain circumstances - following proper procedure.
- Dispute resolution: Most tenancy disputes must first go through a conciliation authority for tenancy matters. If conciliation fails, matters can proceed to the cantonal court system. Enforcement of judgments uses the Swiss debt enforcement procedures.
- Subletting: Tenants may sublet with landlord consent. A landlord may refuse subletting only for justified reasons; unreasonable refusals can be challenged.
Under Swiss practice and law, a security deposit is normally up to three months' rent. The deposit should be held separately, commonly in a blocked account in the tenant's name, and any interest belongs to the tenant. If the landlord intends to make deductions at the end of the tenancy, they must have valid grounds and provide documentation of costs.
The standard notice period for indefinite residential leases is generally three months, unless the lease specifies a different period that is lawful. Fixed-term leases end on the agreed date without notice. Check your written lease for any agreed clauses and consult the conciliation authority or a lawyer if the notice terms are unclear or contested.
Landlords can increase rent for permitted reasons such as higher financing costs, indexation or justified renovations. They must provide a written notice explaining the basis and calculation. Tenants who disagree can file an objection with the local conciliation authority within the statutory time limit. If conciliation fails, the dispute can move to court.
Landlords are generally responsible for structural and major repairs and for ensuring the property is fit for use. Tenants must carry out ordinary, minor upkeep and avoid causing damage. If a landlord fails to address serious defects, tenants may be entitled to demand repairs, reduce rent, or in serious cases terminate the lease - but procedural steps and proof are important.
A landlord cannot lawfully evict a tenant without following the statutory procedure. Evictions require a valid termination, possible court judgment and enforcement by the debt enforcement office. If you receive a termination or eviction notice, seek advice quickly and use the conciliation authority. Legal aid or tenant associations can help assess whether the termination is valid and what defenses may apply.
Withholding rent is a risky step. Swiss law provides remedies such as rent reduction or demanding repairs, but these usually require following set procedures and documenting the defect. In some situations tenants may be able to have the defect repaired and deduct reasonable costs, but you should consult the conciliation authority or a lawyer before withholding rent or deducting costs to avoid counterclaims.
After the tenancy ends the landlord should return the deposit with accrued interest, less any lawful deductions for unpaid rent or repair costs proven to exceed normal wear and tear. If there is a dispute about deductions, either party can raise the matter with the conciliation authority or court. Keep move-in and move-out inventories and photos to support your position.
Yes - tenants must inform the landlord and normally obtain consent to sublet. A landlord can only refuse subletting for valid reasons, such as overcrowding or subletting at an excessive rent. If a landlord unreasonably refuses, the tenant may challenge the refusal before the conciliation authority.
Start with written communication documenting the issue and any requests. If that fails, bring the matter to the local conciliation authority for tenancy matters - conciliation is usually a mandatory first step. If conciliation does not resolve the issue, you can proceed to the cantonal courts. For complex or high-stakes matters consider obtaining legal advice early.
Most tenancy contracts and official procedures in Chur are in German. If you do not speak German fluently, obtain a reliable translation and consider legal advice in your preferred language. For hearings or formal steps you may request an interpreter or translated documents when necessary.
Helpful organizations and institutions to contact in Chur and Graubunden include:
- The Swiss Code of Obligations for legal rules governing leases - consult the text or a legal summary for the specific articles on tenancy law.
- Local conciliation authority for tenancy matters in Chur - the first instance for most rental disputes.
- Cantonal courts of Graubunden for appeals and court proceedings.
- Swiss Tenants' Association (Mieterinnen- und Mieterverband) for advice and support for tenants.
- Homeowners association (HEV) or similar landlord associations for landlord guidance.
- Municipal administration of Chur for local procedural details and contact information for the conciliation authority.
- Cantonal or municipal legal aid offices and social services if you need financial help to obtain legal advice or representation.
- Local bar association or lawyer referral services in Graubunden to find lawyers experienced in landlord and tenant law.
If you need legal assistance with a landlord and tenant matter in Chur, follow these steps:
- Gather and organize documentation: lease, correspondence, rent receipts, inventories, photos of defects and any notices received.
- Try to resolve the issue by written communication with the other party, keeping records of dates and content.
- If informal resolution fails, contact the local conciliation authority to initiate the mandatory conciliation process for tenancy disputes.
- Seek preliminary legal advice if the matter is complex, urgent or could result in eviction, large financial exposure or serious rights being lost.
- If you require representation, contact a lawyer experienced in Swiss tenancy law. Check whether you qualify for legal aid and ask the cantonal authority or a tenants association about local resources.
- Be mindful of time limits for contesting notices, rent increases or other formal steps - act promptly.
Getting early, clear advice and following official procedures is the best way to protect your rights and find a practical solution.
