What do I have to consider when moving? How can I hand in my old apartment? MyRight has the answer.
Read the impact of the latest developments in our legal tip Corona: The latest federal decisions and their effects
Updated on 26.3.2020
The federal government did not ban the move at the end of March - despite coronavirus. However, it is important to comply with all safety measures according to the FOPH (Federal Office of Public Health) when moving. The following questions and answers tell you in detail what moving into the new home during the corona crisis means (as of 26.03.2020).
Please note that the answers would become obsolete in the event of a complete curfew or a Federal Council ban on moving.
- I am moving to a new apartment at the end of March and have to give up my old apartment. Are there any changes regarding apartment takeover and handover that I have to take into account?
In principle, the provisions of tenancy law apply even in the current situation. This means that the old apartment must be handed over at the agreed time - on the last day of the month or, if this is contractually regulated, on the next working day by 12:00 noon. You are still entitled to take over the newly rented apartment at the beginning of the contract or at the agreed time and are liable to pay the rent due from that time on.
- I am not sure that I am not putting my health at risk when I move at the weekend. I would therefore prefer to wait and stay in my old apartment. Can I do that?
Mere health concerns do not allow you not to hand over the apartment and not to take over the new one accordingly. However, it is conceivable that additional safety measures may be taken due to the current situation: For example, you could ask your landlord to refrain from physically handing over the apartment. You can return the keys to the landlord by registered mail, hand them over in the open air or deposit them at an agreed location. In such a case, we advise you to document the condition of the apartment in detail with a protocol and possible photos before moving out or after moving in. In any case, we advise you to contact the landlord, the landlady or the administration of your apartment immediately to express your concerns and find a solution. Due to the current situation, many landlords have already adapted the procedure for handing over the apartment. In addition, it is currently recommended, where possible and reasonable, to postpone the date of the handing over of the apartment in mutual agreement. However, this requires the consent of both the landlords and the tenants.
- Due to the corona crisis, the landlord of my new apartment did not carry out an orderly handover with me. When moving in, however, I noticed several damages caused by the previous tenant. They are not noted in the handover protocol. What do I have to do?
It is important that you immediately document any defects of the new flat and report them to the new landlord preferably by registered mail or even by e-mail. Have the administration or the landlord/landlady also confirm the deficiencies in writing and put this in your documents. In this way you can avoid discussions when you move out.
- I am currently still abroad and cannot enter Switzerland. The moving in date is getting closer. What should I do?
If it is not possible to hand over your old apartment or take over your new apartment, we recommend that you contact your landlord immediately, describe your situation and find a solution together.
- I have fallen ill with the virus and cannot hand over my old apartment. What should I do?
The tenancy law is still valid - even if you have fallen ill with the coronavirus. We recommend that you contact the administration immediately and look for a solution. Currently, individual solutions are required. Where possible and reasonable, the date of the rein should be postponed in consultation with all parties. However, this requires the agreement of all parties.