Art. 257f CO — deveres do inquilino e limpeza durante e no fim do aluguer

Art. 257f CO — the principle of "diligence"

Article 257f of the Swiss Code of Obligations sets out, in a few lines, the fundamental principle of the rental relationship in Switzerland: the tenant must use the property "with the necessary diligence". It's a duty that applies for the whole duration of the rental, not just at the end of the contract, and it's the legal basis on which many of the disputes that property managers raise at handover are founded. Understanding its content and limits — particularly the distinction between "normal wear" (the owner's responsibility) and "dirt or damage" (the tenant's responsibility) — is what separates a smooth handover from a battle over the deposit.

The text of art. 257f CO

Swiss Code of Obligations, art. 257f (excerpt):

1. The tenant must use the property with the necessary diligence.
2. They must show consideration for other tenants and neighbours.
3. If, despite written notice from the landlord, the tenant persists in breaching the diligence owed or in failing to show consideration to other tenants and neighbours, in such a way as to render coexistence intolerable, the landlord may terminate without further ado at the end of a month, with thirty days' written notice.

What "necessary diligence" means

Swiss case law has clarified the practical contours of the required diligence over time. On the ordinary cleaning front, the tenant must keep the home in normal hygienic conditions — which doesn't mean cleaning every day for an official visit, but avoiding prolonged accumulation of waste, visible dirt after weeks of neglect, permanent stains from liquids not cleaned right away, and widespread mould caused by poor ventilation. On ventilation, the tenant must air regularly to prevent wall mould — failure to ventilate that causes mould is classed as tenant negligence, unlike mould caused by a structural thermal bridge which remains the owner's responsibility.

Ordinary maintenance includes replacing burnt-out bulbs, cleaning the cooker hood filters and bathroom extractor fans, clearing drain plugs and traps blocked by hair, and repairing small accidental damage (scratches on built-in furniture, marks from moving things). Consideration for neighbours covers noise after 22:00 (variable by canton and condominium regulation), waste accumulation in the hallway, and respecting agreed times for shared laundry.

The key distinction: normal wear vs dirt

The Federal Tribunal has clarified (DTF 138 III 401 and following) the fundamental distinction that governs almost all end-of-tenancy disputes.

Normal wear (owner's responsibility)

The owner bears all the natural-degradation phenomena due to simple use and the passage of time: wall yellowing after many years, light parquet abrasions in walked zones, wallpaper colour fade after five or more years, kitchen worktop micro-abrasions after six-to-eight years, and natural silicone decay after four-to-five years. These are all things the owner must factor in as part of the normal life-cycle of an apartment, and they can't be charged to the tenant.

Tenant's responsibility (dirt or damage)

The tenant is instead responsible for widespread wall stains (handprints, splashes), deep parquet scratches caused by chairs with metal feet or by heavy objects moved without protection, set-in limescale in bathroom and kitchen which indicates neglected cleaning, widespread black mould on silicone which indicates poor ventilation, unfilled holes left by nails and screws, and torn or burnt wallpaper. These are all cases where the damage is attributable to tenant behaviour and not to natural deterioration.

When the property manager can intervene

Inspection visits during the rental are allowed, but with reasonable notice (1–2 weeks is standard), justified motivation (checking state for works, preparing handover), and reasonable timing (weekdays, working hours). Arbitrary or frequent visits without reason are not allowed, and the tenant can legitimately refuse them.

Written notice (mise en mora) is the first formal step if the property manager identifies a breach (widespread mould from poor ventilation, waste accumulation, evident damage). The letter must contain a description of the problem, an indication of the expected remedies, and a deadline — minimum thirty days under art. 257f cpv. 3. If the tenant doesn't remedy by the deadline, the possibility of early contract termination kicks in. For access requests for works (after a mould or infiltration report, urgent repair), the tenant is generally required to cooperate save in extraordinary cases.

Consequences of breach

In the majority of cases, minor breaches are resolved with written notice, the thirty-day deadline to remedy, and tenant cooperation — end of problem, no contractual consequences. Serious or repeated breaches can instead lead to early termination of the contract (art. 257f cpv. 3), to a possible damages claim, and to deductions from the deposit at end of tenancy.

For serious documented damage — flooding caused by poor maintenance, fire from a kitchen left on — the tenant can be liable beyond the deposit in case of gross fault. The tenant's liability insurance (RC), if it exists, covers many of these cases: it's worth checking the cover before it's needed.

What to do if challenged

If you've received a written notice, the first step is to read the letter carefully to understand what's being claimed, then document the current state of the apartment with dated photos, and compare the alleged damage with the DTF 138 III 401 case law — is it normal wear or real negligence? Always reply formally within the indicated deadline, even to contest the legitimacy of the request. ASLOCA (tenant association) provides legal opinions to members and can help frame the case.

If instead you're about to hand over the apartment, plan a deep clean 1–2 days before handover (see our end-of-tenancy cleaning guide), document everything with dated before-and-after photos, and keep receipts for any technical work. In case of dispute, ASLOCA provides legal assistance to members.

Professional service

Legal resources

• Art. 257f CO text: Fedlex
• DTF 138 III 401: search on Federal Tribunal
• ASLOCA Ticino: asloca.ch (legal advice for members, around CHF 75/year membership)
• Mieterverband: equivalent for German-speaking Switzerland