Notice given, a replacement tenant or a sale – that is when strangers come into the flat. What Swiss law allows, with how much notice and how often, and how property managers keep the number of appointments down.
The legal basis is a single sentence: the tenant must allow the landlord to view the property insofar as this is necessary for maintenance, sale or re-letting (Art. 257h para. 2 CO). Paragraph 3 obliges the landlord to give timely notice of viewings and to take the tenant’s interests into account.
The law sets neither a number of hours nor a maximum number of appointments. The figures in the table come from practice and from the recommendations of the Swiss tenants’ association (Mieterinnen- und Mieterverband).
| Point | Rule | Basis |
|---|---|---|
| Purpose | maintenance, sale, re-letting | Art. 257h para. 2 CO |
| Notice | “timely”; usually at least 24 to 48 hours, many standard leases state 48 hours | Art. 257h para. 3 CO; tenants’ association |
| Time of day | at a reasonable time, no unannounced visits | tenants’ association |
| Consideration | schedule appointments to disturb the tenant as little as possible; on request, several interested parties together | Art. 257h para. 3 CO; tenants’ association |
| Keys | the landlord has no right to a key to the flat | tenants’ association |
| Presence | The tenant may be present. | tenants’ association |
| Photos | not covered by the right to view; no photos of personal belongings without consent | tenants’ association |
Tenants only have to allow viewings for re-letting once the lease has been terminated or a fixed-term lease is about to end (tenants’ association). From then on, the property manager may show prospective tenants round – but not as often as they like.
As a guideline, the Swiss consumer magazine Beobachter cites two to at most three appointments per week, ending after a few weeks. The manager organises the appointments and allocates the interested parties to them; simply passing on the tenant’s phone number is not enough. In return, the tenant has to be somewhat flexible and cannot turn down every proposed date.
Tenants who move out without observing the notice period or date are only released if they propose a new tenant who is reasonable for the landlord, solvent and willing to take over the lease on the same terms (Art. 264 para. 1 CO). Here, the search is up to the departing tenant. Depending on the situation, the landlord has 14 to 30 days to assess the proposal (tenants’ association).
If the owner wants to sell, the tenant must allow viewings by prospective buyers – provided serious negotiations based on a concrete intention to sell are already under way (tenants’ association). The same rules apply: advance notice, consideration for the tenant’s schedule, the right to be present.
The sale does not end the lease. The tenancy passes to the buyer together with ownership (Art. 261 para. 1 CO – “sale does not break lease”). For residential premises, however, the new owner may terminate with the statutory notice period for the next statutory date if they claim an urgent need for themselves, close relatives or in-laws (Art. 261 para. 2 let. a CO).
Two to at most three appointments per week, over a few weeks: that is about as much as a tenant can reasonably be asked to accept. Every slot is therefore scarce – and the first wave in particular often brings many prospects who realise within minutes that the layout, light or room sizes do not work for them.
A 3D tour in the listing moves this sorting to before the appointment. Prospects walk through the flat online, see the layout, how it can be furnished and its condition, and decide whether to come at all. Those who turn up to the viewing then mostly already know what to expect.
Important: the tour is not a viewing within the meaning of Art. 257h CO but a recording. It requires the tenant’s consent. How to handle this properly is explained in Photos and 3D capture in occupied rental flats and on the page Occupied properties. A single capture appointment can then replace several viewings – it does not replace the on-site viewing itself, but it makes sure that viewing is worth it.
Not entirely, but it can reduce the number of appointments. Prospects walk through the flat online beforehand and drop out if the layout, light or condition do not suit them; mostly serious prospects then come to the on-site viewing. Because viewings are limited to two to at most three appointments per week, this pre-selection is particularly valuable. Capturing an occupied flat requires the tenant’s consent.
Yes, insofar as it is necessary for maintenance, sale or re-letting (Art. 257h para. 2 CO). For viewings by prospective new tenants this only applies after termination or shortly before a fixed-term lease ends, and for viewings by buyers only once serious sale negotiations are under way. The landlord must give timely notice and take your interests into account.
The law requires timely notice (Art. 257h para. 3 CO) without specifying hours. According to the Swiss tenants’ association, at least 24 to 48 hours is usual; many standard leases state 48 hours. Unannounced visits are generally not allowed.
The law sets no number. As a guideline, two to at most three appointments per week apply, and viewings must end after a few weeks (Beobachter). Tenants can ask for several interested parties to be shown round together.
The landlord has no right to a key; access has to be arranged with the tenant, who may be present at the viewing. Tenants who travel for several months must, however, ensure that the landlord can exercise the statutory right of access (tenants’ association).
It remains in force and passes to the buyer (Art. 261 para. 1 CO). The new owner can only terminate with the statutory notice period for the next statutory date if they claim an urgent need for themselves, close relatives or in-laws (Art. 261 para. 2 let. a CO).
Not without consent. The right to view covers access, not photography; according to the tenants’ association, photos of personal belongings without consent are not permitted. Listing photos or a 3D tour therefore require the tenant’s consent.
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