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Capture in occupied rented flats

We settle consent with the tenant before the appointment is set — and, on request, switch on the feature that removes the furnishings digitally from the finished tour. The original always stays viewable.

Included in every package

CHF 0.—

  • Notice and tenant consent
  • Furnishings removed digitally (AI)
  • Personal items blurred afterwards

All on request, at no extra charge.

In short: For occupied properties we handle notice and consent. You give us the tenant's contact details; we do the rest — written notice at least 48 hours ahead, consent on a single sheet, personal items should be put away before capture.

For a property manager, the occupied flat being relet is the least comfortable part of the mandate. The property has to go into the listing, the tenant still lives there, and nobody is quite sure whether photography is simply allowed. We have a fixed process for this — not because it is complicated, but so that it no longer has to be discussed.

The flat in the listing, without someone else's furniture

An AI feature from Matterport removes the furnishings digitally from the entire walkable tour — not just from a single image. Walls, floors, ceilings and built-ins stay put; the flat reads as empty as at handover, not like a bare shell.

The same living room after digital furniture removal
Living room with furnishings, captured in the walkable 3D tour
↔
furnishedempty
The same capture, both views: on the left the furnished flat, on the right the same flat after digital furniture removal. Walls, floors, ceilings and built-ins remain. · Image: Matterport (drag the handle)

Limits of AI furniture removal

What lies under rugs or behind furniture was never seen by the camera — the AI fills those areas in. There, the empty view can differ from the real condition, and the fuller the flat, the bigger the difference. For the actual condition of floors and walls, the original furnished view always applies.

Both views live in the same 3D tour — one click switches between them, included in every package, at no extra cost.

  • The original stays reachable. Matterport does not technically allow releasing only the empty view in Showcase — you can only set which view opens first, the original furnished view stays reachable for every visitor.
  • Not a substitute for consent. The empty view at best makes consent easier to get — without it, nothing gets scanned in the first place.
  • Always both views, clearly labelled. We always deliver both views, mark the empty one as digitally edited (per Art. 3 of the Swiss Unfair Competition Act), and check every tour before delivery when a room is heavily cluttered.

The process, in five steps

  • 1 — You register the property. Address, floor area, preferred window and the tenant's contact details. That is all we need.
  • 2 — We give written notice, at least 48 hours ahead. With date, time window, purpose and the name of the person attending. Not on Sundays or public holidays, at a reasonable time of day. 48 hours is the minimum: because consent has to be signed first (step 3), we usually plan 3 to 5 working days ahead.
  • 3 — Consent on a single sheet. Which rooms are captured, what the images are used for, how long they stay online. One sheet, one signature. We provide the template — you may use it for other suppliers too.
  • 4 — On site: personal items out of shot. Photographs, documents, post, medication, children's drawings. Anyone who wishes may attend. It takes ten minutes and defuses the situation. Anything still in shot, such as a document or a photo on the wall, can be blurred afterwards — in the photos and in the 3D tour. In the tour a blur cannot be undone: without reprocessing the scan, it stays.
  • 5 — Purpose limitation. Images produced for a reletting do not migrate into a sales pack unasked. If the purpose changes, we ask again.

For you that means one contact, one appointment, and the consent question settled before anyone unpacks a camera.

Why we work this way

Because the Swiss position is not settled — and a clean process costs less than a dispute.

The relevant provision is Art. 257h CO, the tenant's duty of toleration, in the original German: „Der Mieter muss dem Vermieter gestatten, die Sache zu besichtigen, soweit dies für den Unterhalt, den Verkauf oder die Wiedervermietung notwendig ist.“ The word is besichtigen — to view. Not to photograph, film, or scan. The duty of toleration covers access to the flat; it says nothing about what may be recorded there or published. There is no dedicated photography law; the question runs through Article 28 of the Civil Code and data-protection law. How often and with how much notice viewings may take place is covered in Viewings of a rented flat.

The Swiss Tenants' Association holds that a landlord may not photograph the flat against the tenant's will, and states that items may be covered or moved out of shot. Legal commentary treats flat photos as the tenant's personal data; narrowly scoped documentation shots, of a damp patch for instance, are judged differently.

Two things worth knowing: there is no Swiss court ruling on this yet — the question is open. And most search results on this are German (GDPR, BGB) and do not apply here; what governs is the revised Data Protection Act, Article 28 of the Civil Code, and the Code of Obligations.

Which is exactly why we keep the fixed process: while the question stays open, consent is the only answer that holds up in every case. The full breakdown with sources is in the guide Photos in Occupied Rental Flats.

If the tenant does not agree

Then nothing is scanned and nothing is photographed — and no floor plan is produced either. Our floor plans come from the flat's 3D scan, not from a separate survey; without consent to the tour there is no dimensional data to draw one from. The listing still stays workable:

  • Exterior shots — building, entrance, surroundings, outdoor spaces.
  • Written description — fit-out standard, year of construction, renovation status, ancillary rooms.

Once consent is given or the flat is vacant, we complete 3D tour, photography and floor plan together in one appointment — all three come from the same 360° scan. Where it can be arranged, the slot between two tenancies is the best one anyway: no consent question, no one else's furniture in frame, free choice of time of day.

For property managers and agents

The process above is not an add-on and costs nothing extra. It is part of every mandate involving an occupied property.

If you market relettings and tenant changes regularly, we take over communication with tenants entirely on request — you give us the contact details and the window, we come back once the appointment is set. For ongoing cooperation across several properties a month there are framework agreements with volume tiers; the terms are on the pricing page.

FAQ

Questions on occupied properties.

May a property manager have an occupied rented flat photographed?

Swiss law does not answer this directly. Art. 257h para. 2 of the Code of Obligations obliges the tenant to allow a viewing where necessary for maintenance, sale or reletting. It says nothing about photography. The Swiss Tenants' Association holds that a landlord may not photograph the flat against the tenant's will, and legal commentary reaches the same conclusion for listing photos of furnished rooms. No Swiss court decision on the point is known. RoomView360 therefore works with written consent as a matter of course.

How much notice do you give before the appointment?

At least 48 hours, in writing, stating date, time window, purpose and the name of the person attending. Not on Sundays or public holidays, and at a reasonable time of day. The statute requires only timely notice (Art. 257h para. 3 CO) and names no number of hours; 24 to 48 hours is treated as standard in practice, and many standard-form leases specify 48 hours. We usually plan 3 to 5 working days ahead, so the tenant can sign consent and clear personal items first.

What happens to the tenant's personal belongings?

They are moved or covered before capture: photographs, documents, post, medication, children's drawings. According to the Swiss Tenants' Association the tenant may request this in any case — and the result is a better image, because the room shows rather than the furnishings. Anything still in shot can be blurred afterwards, in the photos and in the 3D tour. In the tour a blur cannot be undone: without reprocessing the scan, it stays.

What if the tenant does not agree?

Then nothing is scanned and nothing is photographed — and no floor plan is produced either. Our floor plans come from the flat's 3D scan, not from a separate survey; without consent to the tour there is no dimensional data to draw one from. The listing still stays workable with exterior shots and a written description. Once consent is given or the flat is vacant, we complete the tour, photography and floor plan together in one appointment.

Can the tenant's furniture be removed from the tour?

Yes. An AI feature from Matterport removes the furnishings digitally from the entire walkable tour, not only from single images. Both views sit in the same tour under the same link; the viewer switches with one click, and on request the tour opens in the empty view — but per Matterport's own documentation the original furnished view cannot be permanently hidden, only its display order. Walls, floors, ceilings and built-ins remain. The AI fills in areas under rugs or behind furniture; there, the empty view can differ from the real condition, the fuller the flat, the more likely. This is included in every package at no extra charge. Important: it solves the presentation, not the consent — the capture records the furnished flat, so without the tenant's consent nothing is scanned in the first place.

Does the same apply to virtual 3D tours?

There is no Swiss source addressing 3D capture of occupied flats. Factually a 3D tour records the entire interior and therefore more than a single photograph. We treat 3D capture like photography, only more strictly: no consent, no scan.

Sources

  • Art. 257h CO, wording: droit-bilingue.ch
  • Swiss Tenants' Association, “Wohnung fotografieren”: mieterverband.ch
  • Swiss Tenants' Association, access rights: mieterverband.ch
  • David Rosenthal, “Datenschutz im Mietrecht”, mietrechtspraxis 3/2012: PDF (former Data Protection Act)
  • Revised Data Protection Act, overview for SMEs: kmu.admin.ch
  • Matterport Support, “Defurnish your Space” — limits of view control in Showcase: support.matterport.com
  • Matterport, Fall 2024 Release — Defurnish as an “AI-powered” feature: matterport.com
  • Matterport, “Boost Privacy with the New Blur Brush” — blurring content in the 3D tour after capture: matterport.com
This page describes our working process and reflects research as at 22 August 2026. It is not legal advice and does not replace assessment of an individual case. Tenancy disputes fall to the cantonal conciliation authority, which is free of charge.
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