Rentals in Graubünden: average fees and rental law (cross-border guide)

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Complete guide to the right to rent in Graubünden: fees, security deposit, cancellation and dispute according to Swiss federal rules.

Context

In brief

  • Maximum security deposit of 3 months' rent in a blocked account
  • Contest the rent within 30 days to the conciliation authority
  • Notice of termination only valid on the official cantonal form

Key facts

  • What: Federal tenancy law (Code of Obligations, art. 253 and following)
  • Where: Applicable in all cantons, including Graubünden
  • Who: Tenants and landlords, protected by federal law
  • Security deposit: Maximum 3 months' rent
  • Contestation deadline: 30 days to the conciliation authority
  • Termination: Only on the official cantonal form, nothing else

Federal tenancy law in Switzerland

In Switzerland, tenancy law is regulated at the federal level by the Code of Obligations (CO), articles 253 and following. This means that the same rules apply in all cantons, including the canton of Graubünden, ensuring uniform protection for tenants and landlords. There are no substantial differences from canton to canton regarding fundamental rights: what is prohibited for a landlord in Graubünden is also prohibited in Zurich or Geneva. Federal law prevails over any cantonal exception and represents the normative framework on which eventual regional integrations are based.

The security deposit is one of the central pillars of this legal protection. A maximum of 3 months' rent can be withheld as a guarantee against damage or non-payment by the tenant. This figure is not just a market recommendation but an absolute legal limit: no landlord can ask for more. The deposit must be paid into a blocked account in the tenant's name, not the landlord's, not mixed. This mechanism concretely protects the tenant: the money remains formally the tenant's property, although the landlord can access it for documented and proven damages or payment arrears.

Operational details

The security deposit: protection and return

The security deposit is a central instrument in the lease agreement. Paid at the beginning of the lease, it must remain in a restricted account in the tenant's name for the entire duration of the contract. During the lease, the owner cannot access these funds for ordinary or extraordinary expenses of the property: the account is blocked until the end of the contractual relationship. Only in the event of proven damage to the dwelling or accumulated rent debts, the owner can request partial restitution through a formal procedure, communicating the reasons to the tenant.

Once the contract is concluded and the tenant has vacated the dwelling, the landlord has 30 days to return the deposit in full. If there is damage deemed to be the responsibility of the tenant, the landlord may withhold a portion equivalent to the cost of the repair, but must clearly document what the damage is and communicate to the tenant the reasons for the withholding in writing. If the landlord returns less than the due amount without justification or delayed more than 30 days, the tenant may appeal to the conciliation authority within the established deadlines.

Dispute the initial fee

Not all rentals are the same, even in similar geographic areas. The Code of Obligations allows the tenant to challenge a fee that he considers manifestly excessive. “Manifestly excessive”

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Key points

Practical procedure: what to do step by step

If you need to address a dispute regarding rent, deposit, or lease conditions, follow these concrete steps.

Step 1: Verify the regulatory situation Read your lease agreement carefully and identify the specific point of the dispute. Is the initial rent considered excessive compared to the local market? Has the landlord returned the deposit incompletely without documented justification? Has the landlord sent a termination notice on plain paper, not on the official cantonal form? Each case requires a different approach and a different legal basis.

Step 2: Communicate with the landlord in writing Before turning to the conciliation authority, write a formal letter (preferably registered mail with return receipt) to the landlord, clearly and documentedly outlining your complaint. For example: "I contest the monthly rent as it is manifestly excessive compared to comparable dwellings in the area. I enclose a price comparison of similar properties in the same area." This communication creates a documented trail and often resolves the dispute directly.

Step 3: Gather documents

  • Copy of the original lease agreement
  • Written communication from the landlord regarding the rent or dispute
  • Receipts for the security deposit payments
  • Photographs of any disputed damages (if relevant)
  • Copy of the written communication to the landlord (Step 2)
  • Price comparison of similar dwellings in the same area (if contesting the initial rent)
  • Witness statements (if applicable)

Frequently Asked Questions
What is the maximum security deposit amount in Graubünden?
In Switzerland, including the Canton of Graubünden, the security deposit is limited to a maximum of 3 months of rent. This limit is set by the Code of Obligations (CO) at the federal level and applies uniformly to all cantons. The deposit must be paid into a escrow account in the tenant's name, not the landlord's. If the owner requests an amount of more than 3 months, it is legitimate to refuse and report it to the conciliation authority.
How can I dispute a rent deemed too high?
If you consider the initial rent manifestly excessive (significantly higher than that of comparable properties in the area), you have 30 days from the communication to contact the leasing conciliation authority of the Canton of Graubünden. Collect price comparisons for similar homes in the same area and file the documented appeal. The authority will assess whether the fee is indeed off-market and, if confirmed, may order a reduction.
Is a written cancellation on white paper valid in Graubünden?
No. In Switzerland, the cancellation of the contract by the owner is ONLY valid if communicated using the official cantonal form. Each canton provides a specific form, controlled in form by federal law. A cancellation on carte blanche, even if dated and signed, is not legally binding and has no legal effect. Always make sure you receive the official form from the Canton of Graubünden.
How long does the landlord have to return the security deposit?
The Bond Code requires the landlord to return the deposit within 30 days of the end of the lease. If the owner withholds a part, he must communicate in writing the specific reasons and amounts withheld for any proven repairs. If the return is delayed or unjustifiably incomplete, you can appeal to the conciliation authority within the legal deadlines.
What are the notice terms for cancellation in Graubünden?
The terms of notice for cancellation by the owner are established by the Bond Code: 1 month during the first year of lease, 2 months from the second to the ninth year, and 3 months starting from the tenth year. In addition, you should check with the cantonal administration if there are specific cancellation periods (e.g., only at the end of the month). Failure to comply with these terms renders the termination void and the contract continues.

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