Rental market in Schaffhausen: deposit and rental right (cross-border guide)

Context

In a nutshell

• The security deposit is held on an account in the tenant's name. - The cancellation of the contract is valid only on the official cantonal form. - The dispute must be submitted within 30 days to the conciliation authority.

Key facts

• What: Right of lease
• When: Not yet specified
• Where: Canton of Schaffhausen
• Who: Cantonal Conciliation Authority
• Amount: Not yet specified

The right to rent is governed by Article 253 of the Swiss Civil Code. The security deposit is a maximum amount that the landlord can request from the tenant at the time of signing the contract. The cancellation of the contract must be submitted on an official cantonal form and the dispute must be submitted within 30 days to the conciliation authority.

The security deposit is held on an account in the tenant's name, as provided for in Article 253 of the Swiss Civil Code. This means that the maximum amount required by the landlord cannot be exceeded and must be deposited into a bank account in the tenant's name. This maximum amount may vary from canton to canton, but is generally set at around 3-6 months' rent.

For example, in the canton of Schaffhausen, the maximum amount of the security deposit is fixed at CHF 12'000, as provided for in Article 15 of the cantonal law on the right of tenancy. This amount may be increased or decreased according to the conditions of the

Operational details

Article 253 of the Swiss Civil Code regulates the right of tenancy and lays down the rules for the deposit and cancellation of the lease. In particular, the security deposit is a maximum amount that the landlord can request from the tenant at the time of signing the contract.

The security deposit may be a maximum of 3 months' rent, as established by the cantonal law of Schaffhausen. For example, if the monthly rent is CHF 1,500, the maximum security deposit would be CHF4,500 (3 months x CHF 1,500).

Cancellation of the contract is valid only if submitted on an official cantonal form, as established by Article 253 of the Swiss Civil Code.

The landlord may request the security deposit at the time of signing the contract. In this case, the tenant must submit the cancellation of the contract on the official cantonal form within 30 days from the date of receipt of the contract.

The dispute must be submitted within 30 days to the conciliation authority. Dispute is a procedure that allows the landlord or tenant to dispute the cancellation of the contract or the security deposit.

Here's an example of how security deposit works in a lease:

• The landlord requires a security deposit of CHF 4,500 for a 3-month lease in Schaffhausen. The tenant accepts the contract and pays the security deposit. After 30 days, the tenant decides to cancel the contract and submits the

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Key points

If you disagree with the landlord, you can file a dispute with the conciliation authority within 30 days. It is important to submit the dispute on an official cantonal form and with all the necessary documents. The conciliation authority will assess the situation and can make a decision.

The right to rent is governed by Article 253 of the Swiss Civil Code. The security deposit is a maximum amount that the landlord can request from the tenant at the time of signing the contract. Under the federal law of 20 March 2009, the security deposit may not exceed 3% of the annual rental value of the property.

For example, if the tenant rents a 4-bedroom apartment in Schaffhausen for CHF 2,500,- per month, the annual rental value would be CHF30,000,-. The maximum security deposit that the landlord could request would therefore be CHF 900,- (3% of CHF 30'000,-).

It is important to note that the dispute must be filed within 30 days of receipt of the contract cancellation.

Dispute example:

• Date of receipt of the cancellation: February 15, 2023
• Deadline for dispute: 15 March 2023 (30 days from receipt of the cancellation)
• Dispute filed on March 15, 2023

Operational checklists:

• Check if the security deposit was requested according to the federal law of March 20, 2009
• Check if the cancellation of the contract has been submitted on an official form

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