Rentals in Grisons: fees, deposit and rental rights (cross-border guide)

Practical guide to Swiss tenancy law: how security deposit, rent dispute and cancellation terms work in the Canton of Graubünden.
Context
In a nutshell
- The security deposit cannot exceed 3 months of rent and is in the name of the tenant
- The dispute of the initial fee must be made within 30 days to the conciliation authority
- Termination requires terms of 1, 2 or 3 months depending on the year of validity of the contract
Key facts
- What: Swiss lease right, governed by articles 253+ of the Code of Obligations
- Where: Canton of Graubünden and uniformly throughout Switzerland
- Maximum deposit: 3 months monthly rent
- Deposit account: Restricted and exclusively in the name of the tenant
- Dispute: Within 30 days to the cantonal conciliation authority
- First year cancellation: 1 month; from the second to the ninth year: 2 months; from the tenth: 3 months
The right to rent in Switzerland is federal and applies identically in every canton, including Graubünden. The relationship between landlord and tenant is governed by articles 253 et seq. of the Code of Obligations, which establish clear and unavoidable mutual rights and duties.
Those who reside in the Canton of Graubünden and rent a home enjoy the same protections guaranteed at the national level. There are no exceptions or cantonal variations to the fundamental principles: the landlord cannot request more than what is established by law, the tenant has the right to challenge unjust fees, and the termination of the relationship must follow precise terms and procedures.
Security Deposit: Tenant Protection
The
Operational details
Challenging the initial rent: the tenant's right
If the rent proposed by the landlord appears unjust or significantly higher than the rents for similar accommodations in the area, the tenant has the right to challenge it. The challenge must be made within 30 days of signing the contract and must be submitted to the rental conciliation authority of the Canton of Grisons.
The authority examines the request and verifies whether the rent is indeed unjust based on objective elements: size, location, state of preservation, available services, comparable rents in the geographical area. You can consult the cost of living in your region to compare standard rents. If the authority finds the appeal justified, it can order a rent reduction.
This procedure is free for the tenant or involves minimal costs and does not require the intervention of a lawyer. It represents a concrete and accessible tool to protect tenants from abusive demands.
Termination of the contract: legal terms and procedures
The termination must be communicated using the official form provided by the Canton of Grisons. Informal communications (email, telephone, verbal communication) are not legally valid, regardless of how they were agreed upon.
The notice periods depend on the year of the contract's validity: one month during the first year, two months from the second to the ninth year, and three months from the tenth year onwards. The termination deadline must coincide with December 31 or the last day of a month.
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Key points
Step-by-step procedure: how to legally terminate a lease
To end a lease contract in the Canton of Graubünden according to the rules, follow these concrete steps:
1. Obtain the form: Request the official termination form from the competent office of the Canton of Graubünden for rental matters. The form is also available on the official website of the canton.
2. Fill it out carefully: Enter the required data: tenant and landlord's name, complete address of the property, start date of the contract, reason for termination (if provided by the contract), end date of the lease.
3. Respect the notice period: Calculate the notice period based on the year of validity (1, 2, or 3 months from the date you send the form). The end date must fall on December 31 or the last day of a month.
4. Send the completed form: Deliver the form by registered mail or in person with a receipt to the landlord (or to the tenant, if you are the landlord). Keep a signed copy as proof.
5. Prepare the return of the property: By the agreed date, completely vacate the apartment. Document the final state of the premises and agree with the landlord on the date of key return and deposit refund.
When to resort to the conciliation authority
If the landlord refuses to return the security deposit, unjustifiably contests the termination, or withholds the deposit without reason, you can resort to the conciliation authority for rental matters. This instance resolves disputes without the need to resort to the cantonal court and is available free of charge or at minimal cost.
The conciliation authority is present in every canton and provides free consultations on procedures. Contact it through the official website of the Canton of Graubünden.
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Frequently Asked Questions
- What is the maximum security deposit amount in Graubünden?
- The security deposit cannot exceed 3 months of monthly rent. This is a federal protection applicable to the entire territory of Switzerland. The deposit must be paid into a escrow account in the name of the tenant only. The landlord may not use the deposit as part of the rent or mix the funds with other accounts.
- How long can I dispute a fee that I think is unfair?
- You have exactly 30 days from the signing of the lease to appeal to the lease conciliation authority of the Canton of Graubünden. The authority will examine whether the fee is actually unfair compared to the fees charged for comparable housing in the area. The procedure is free of charge and does not require legal assistance.
- What are the cancellation terms for the Canton of Graubünden?
- The terms vary according to the year of validity of the contract: 1 month in the first year, 2 months from the second to the ninth year, 3 months from the tenth year onwards. The cancellation must be communicated using the official form provided by the canton, with an expiry date of 31 December or the last day of a month.
- Can I unsubscribe by email or in person without the official form?
- No. Cancellation is legal only if communicated using the official form provided by the Canton of Graubünden, sent by registered letter or hand-delivered with receipt. Informal communications by email, telephone or in person, even if verbally agreed, have no legal validity.
- What can I do if the landlord illegitimately holds the security deposit?
- You can appeal to the leasing conciliation authority of the Canton of Graubünden. If the owner does not justify the detention or withholds it without legitimate cause, the authority may order the full return. If the conciliation is unsuccessful, you can appeal to the competent cantonal court.