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HOUSING

Can a Swiss landlord charge a fee if you renounce to rent an apartment?

Say you signed a registration for a flat in Switzerland, but then changed your mind. What, if any, fees are you liable for if you decide to withdraw your application?

Can a Swiss landlord charge a fee if you renounce to rent an apartment?
You're not liable for any fees until you sign the rental agreement. Photo by Scott Graham on Unsplash

In some areas of Switzerland, good and reasonably priced rental properties are difficult to come by, so once you find one, you hold on to it for dear life.

But it can also happen that you change your mind for whatever reason and no longer want to proceed with the rental.

What happens then?

Some rental agencies’ registration forms include a clause stating that if you cancel after a contract has been prepared, you have to pay between 150 and 200 to cover administration costs — even if the contract hasn’t yet been signed.

This is ostensibly for all the time and effort that went into preparing the lease.

If you are unfamiliar with Swiss laws, you may feel a duty to pay these fees, believing that if you don’t, Swiss rental police will knock on your door.

But you can relax: apart from the fact that there’s no such thing in Switzerland as “rental police”, you don’t owe the agency or landlord anything.

That is because registrations and applications of any kind —  including those for rental properties — are non-binding until both parties have signed them. Up to this point, an application can be withdrawn without incurring any costs, even if the agency / landlord have you believe otherwise.

READ MORE: REVEALED: The six major Swiss cities where rents are falling

Why are landlords / rental agencies engaging in this practice?

To be fair, not all of them will attempt to make you pay for failing to sign the lease. Those who do are hoping you don’t know your legal rights, especially if you are a foreigner who (they hope) is still green behind the ears when it comes to rental regulations in Switzerland.

However, according to the official site of canton of Geneva (but this rule applies nationally), some exceptions could be admissible.

If applicants are not acting in “good faith” — for instance, by belatedly expressing their refusal to sign the lease and delaying the rental process while other potential tenants are kept waiting —  the landlord could ask to be compensated.

This is not a clear black-and-white situation though, as “good faith” calls for subjective judgements, ones that the landlord or rental agency could not make unless they have proof that candidates’ actions were dishonest — which is also difficult to prove.

But even in this case, the landlord “could only invoice his actual costs: the costs of drafting the lease contract and sending it out, for example”, according to the Swiss Tenants Association (ASLOCA).

You should also inform yourself about what your landlord can and cannot demand of you.

“You have to remember that just because something is written in the lease doesn’t mean it’s true”, ASLOCA said.

“Lease law is protective of the tenant and takes into consideration that the latter does not necessarily have the possibility or the resources to read and carefully negotiate any clause of his lease”.

If uncertain of what your rights and obligations are, this official government site provides useful information and  resources, including who, in your canton of residence, can help in case of a dispute with your landlord.

READ MORE: Tenant in Switzerland? Here’s how to apply for a rent reduction

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For members

ECONOMY

How the strengths and weaknesses of the Swiss economy will impact you

While the economies of many countries are struggling, Switzerland’s is doing well in comparison. What exactly are its strengths and weaknesses? And how will they impact you?

How the strengths and weaknesses of the Swiss economy will impact you

In its new analysis published on Tuesday, the Swiss Economic Institute (KOF) lays out the forecast for Switzerland’s economy.

Some of it is positive, and some less so.

On the whole, however, and given the difficult situation of the past two years, the outlook is promising (read more about this below).

Things are not always what they seem

Economists, like KOF’s director Jan-Egbert Sturm, point out that though the public’s perception of the current economic situation is skewed toward the negative, it is not necessarily so.

“The increase in prices in Switzerland was significantly lower than in neighbouring countries,” he said in an interview with Blick newspaper. 

So is inflation: even at its height in 2022, when it exceeded the 3-percent mark (a very high figure for Switzerland), it was still well below the EU average.

Today, the rate stands at below 2 percent — still lower than elsewhere in Europe

READ ALSO: Why Switzerland’s inflation rate has stayed low compared to elsewhere

 Another ‘misconception’ is that consumption habits in Switzerland have been impacted by inflation.

The general view is that “there is some reluctance to buy new, larger goods like washing machines or cars. But if we look at the figures closely, we see that consumption is evolving in a relatively stable manner,” Sturm said.

“The Swiss economy is generally quite solid,” he added.

Another plus: “the labour market remains robust, especially thanks to the services sector,” Sturm pointed out.

Companies are more reluctant to let employees go not only because there are not enough qualified workers to fill job vacancies, but also because employers “learned during the pandemic that they must be careful not to lay off workers too quickly,” so as not to create shortages when the crisis passes.  

Why does Swiss economy generally fare well in crises — and in general?

There are several reasons for that: 

Low unemployment / high employment

This dynamic fuels economic prosperity because it means that as people earn income, they not only spend more (thus boosting consumption), but they also pay taxes which fill up the government’s coffers.

And when that happens, everyone in Switzerland benefits: the cantons and their finances profit from the strength of the Swiss economy, as the federal government distributes some of its profits to cantons.

The government’s role

The Swiss are financially-savvy, which bodes well for the economy.

Take the debt brake, for instance.

According to the government, it is a mechanism designed to “prevent chronic deficits and keep federal debt from soaring”.

Just as it is for private spending, the government must be careful not to exceed the set ‘expenditure ceiling.’

“With a debt ratio of around 30 percent of gross domestic product, Switzerland remains in excellent shape by international standards,” the government pointed out. “The debt brake has not only significantly helped Switzerland to overcome multiple crises relatively well; it has also allowed for a considerable reduction in federal debt.”

According to the Organisation for Economic Cooperation and Development (OECD), “Switzerland’s public finances rank amongst the best in terms of solidity.”

READ ALSO : What is Switzerland’s debt brake and how does it affect residents?

All these factors combined have kept Switzerland’s afloat (or at least from drowning) during various global downturns, including the Covid pandemic and Russia’s invasion of Ukraine which sparked spiralling inflation in many places. 

But there are weak points as well

One of them is the strong franc.

Actually, its strength vis-à-vis the euro and US dollar is a double-edged sword.

On the positive side it benefits the import industry and, ultimately, the consumer.

But it is quite the opposite for exports.

Switzerland relies heavily on trade with the EU, mainly Germany, but when the euro is weaker than the franc, Swiss goods are too expensive abroad — especially if countries concerned are in recession and simply can’t afford to buy from Switzerland.

For this reason, Swiss industries that depend on exports, usually feel the ‘crunch’ more than import-based sectors.

Also, the strong franc may very well enable Switzerland-based earners to enjoy numerous stays abroad, but it also makes holidays in Switzerland very pricy for overseas tourists. This, in turn, has a negative effect on the Swiss economy as well.

Therefore, the state of Switzerland’s economy is not entirely in its own hands, but depends on forces beyond its control.

As KOF puts it, “the sluggish global economy is slowing the growth of the Swiss economy” as well.

What can we expect ahead?

This is where the good news comes in.

“Real wage increases are expected following the declines of recent years,” KOF says. “This will boost purchasing power and, together with population growth, should support private consumption.

Therefore, “households’ spending is expected to increase in the coming year. This trend will be supported by a gradual levelling-​off of inflation and a sharper rise in disposable incomes.”

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