Switzerland runs tenancy law federally: the Code of Obligations (Obligationenrecht, OR), Art. 253 onwards, applies identically in every canton — there is no equivalent of Austria's tiered MRG system. What does vary by canton is procedure: which official forms are required and how the local conciliation authority is composed.
A fixed-term lease simply ends at expiry with no notice needed (Art. 255 Abs. 2 OR); Swiss law sets no statutory minimum or maximum duration for it. A tenant who wants out early isn't stuck, though: they can propose a solvent, reasonable replacement tenant willing to take over on the same terms, and if the landlord refuses without good cause, the original tenant is released from the contract (Art. 264 OR).
The letting is residential by default; business use needs the landlord's prior written consent, mirroring the pattern in every other Brokik market.
The deposit (Kaution) for residential space is capped at three months' rent (Art. 257e Abs. 2 OR) — a hard ceiling, not a guideline. It must sit on a blocked account or deposit at a bank, held exclusively in the tenant's own name; a landlord cannot legally route it through a private account.
This blocked-account requirement is one of the sharpest differences from neighbouring markets: Finland, for instance, needs no dedicated account at all for the same purpose.
An open-ended lease can be terminated by either party with three months' written notice to the customary local term (Art. 266a in conjunction with Art. 266c OR) — or, absent a customary date, to the end of a three-month tenancy. The landlord's notice is only valid on the canton-approved official form; served any other way, it is void (Art. 266l Abs. 2 in conjunction with Art. 266o OR).
A tenant who thinks a termination is contrary to good faith can contest it within 30 days at the cantonal conciliation authority and ask for an extension of the tenancy of up to four years for residential space (Art. 271-273c OR). And once a landlord and tenant have gone through conciliation or litigation over a tenancy dispute, the landlord is barred from terminating on account of that dispute for the following three years.
Federal law imposes no duty to draw up a written handover report, but Art. 267a OR does require the tenant to flag any apparent defect at handover without delay — and several cantons publish jointly-drafted (paritätische) protocol forms, worked out between landlord and tenant associations, as the market standard.
The Übergabeprotokoll is the primary evidence of the flat's condition at both ends of the tenancy: it anchors an Art. 267 OR damages claim if the flat comes back in worse shape than ordinary wear explains, and it is the reference point when the Kaution is settled.
Brokik keeps the signed protocol attached to the lease record for exactly this reason: a returning landlord or a departing tenant should never have to dig through email threads to find the one document a Schlichtungsbehörde will actually ask for.
The landlord's duty to keep the flat fit for its agreed use runs throughout the tenancy (Art. 256 Abs. 1 OR) and is relatively mandatory — a clause working against the tenant is void unless the OR itself expressly allows the deviation (Art. 256 Abs. 2 OR).