System and legal basis

System

Swiss tenancy law is based on the principle of contractual freedom.

Accordingly, as a general rule tenants and lessors are free to arrange the tenancy agreement as they see fit.

However, to protect tenants – as the weaker party – the legislator has enacted various protective norms and deemed these mandatory.

Legal basis

In Switzerland the Code of Civil Law (ZGB) and the Law of Obligations (OR) apply in relation to private law (i.e. the law governing relations between private natural and legal persons).

The general part of OR (Articles 1 – 183) and Articles 253 et seq. OR are authoritative in respect of tenancy law.