Can I request the release of the rental deposit after a year without the landlord's consent?
March 3, 2025
Contract law
Release of the rental deposit after the end of the lease
Yes, you can request the refund of the rental deposit from the bank after one year has passed since the end of the rental agreement, even without the landlord's consent. However, this is only possible if the landlord has not taken any legal action against you within this year, such as a debt collection or arbitration process (Art. 257e Para. 3 OR).
If the landlord has not legally asserted any claims within a year after the end of the rental agreement, you can request the refund of your deposit directly from the bank (Comment 2 to Art. 257e Para. 3 OR; mobiliar.ch/ratgeber/mietkaution 20; hev-winterthur.ch/ratgeber/die-sicherheitsleistung-bei-mietvertraegen/ 3). However, if the landlord has initiated legal proceedings within this year, these must either be concluded or otherwise resolved before the deposit can be released (mobiliar.ch/ratgeber/mietkaution 21). For the release, the bank requires a unilaterally filled out termination form for the rental deposit, the protocol of the inspection or the notice of termination, and the rental agreement to prove that the rental relationship has ended for more than a year (mobiliar.ch/ratgeber/mietkaution 23).
Sources
Federal Act of March 30, 1911 on the Supplement to the Swiss Civil Code (Fifth Part: Law of Obligations) > Second Section: The Individual Contractual Relationships > Eighth Title: The Rent > First Section: General Provisions > E. Duties of the Tenant > II. Securities by the Tenant
Art. 257e para. 3 OR
3 The bank may only release the security with the consent of both parties or based on a final payment order or a final court judgment. If the landlord has not legally asserted a claim against the tenant within one year after the end of the tenancy, the tenant may demand the return of the security from the bank.
Art. 257e para. 1 OR
1 If the tenant of residential or commercial premises provides security in cash or in securities, the landlord must deposit it with a bank in a savings account or a deposit account in the name of the tenant.
Art. 257e para. 2 OR
2 In the case of renting residential premises, the landlord may demand a maximum of three months' rent as security.
Art. 257e para. 4 OR
4 The cantons may enact supplementary provisions.
Federal Act of March 30, 1911 on the Supplement to the Swiss Civil Code (Fifth Part: Law of Obligations) > Second Section: The Individual Contractual Relationships > Eighth Title: The Rent > First Section: General Provisions > E. Duties of the Tenant > II. Securities by the Tenant
Art. 257e para. 3 OR
3 The bank may only release the security with the consent of both parties or based on a final payment order or a final court judgment. If the landlord has not legally asserted a claim against the tenant within one year after the end of the tenancy, the tenant may demand the return of the security from the bank.
Art. 257e para. 1 OR
1 If the tenant of residential or commercial premises provides security in cash or in securities, the landlord must deposit it with a bank in a savings account or a deposit account in the name of the tenant.
Art. 257e para. 2 OR
2 In the case of renting residential premises, the landlord may demand a maximum of three months' rent as security.
Art. 257e para. 4 OR
4 The cantons may enact supplementary provisions.
Deposit rental guarantee & reclaim according to Swiss law
mobiliar.ch/ratgeber/mietkaution 20
After one year has passed since the end of the tenancy, the rental guarantee - in the sense of Art. 257e para. 3 OR - can be unilaterally demanded by the tenants directly from the bank (provided that in the meantime no debt collection has been initiated and no conciliation procedure has been initiated by the landlord; see the following chapter). The tenants can demand the release from the conciliation authority. However, a conciliation request and a conciliation hearing are necessary for this.
mobiliar.ch/ratgeber/mietkaution 17
If the handover of the apartment has taken place and there are no outstanding claims from the landlord, the parties (tenants and landlord) can jointly apply to the bank for the dissolution of the rental deposit in favor of the tenants or inform the rental guarantee insurance of the termination of the guarantee. If there are no damages and all rents have been paid, the landlord must generally release the deposit including interest.
mobiliar.ch/ratgeber/mietkaution 21
If the landlord has initiated a debt collection or a conciliation procedure within one year after the end of the tenancy, the rental guarantee can only be claimed through the legal process. Until then, the amount remains 'frozen' in the blocked account. Sample letter: Request for the refund of the rental guarantee from the landlord Successfully request the refund of the rental guarantee from the landlord: Here’s the link to download the sample letter. Sample letter: Recover rental guarantee as a template.docx Deadline: Refund of the rental guarantee
mobiliar.ch/ratgeber/mietkaution 22
Tenants do not have to wait indefinitely for the refund of their rental guarantee. As mentioned above, the guarantee can be demanded directly from the bank after one year since the end of the tenancy or the dissolution of the rental guarantee insurance can be requested, even without the landlord's consent. However, this is only possible if the landlord has not initiated any legal action against the tenants during this time (e.g., debt collection or conciliation procedures). If legal actions have been initiated, the release is only possible through the legal process or through an amicable solution by both parties.
mobiliar.ch/ratgeber/mietkaution 23
For the release, the bank or the rental guarantee insurance generally requires the unilaterally completed dissolution form of the rental guarantee (or a corresponding letter to the bank with the appropriate request), the inspection protocol or the termination confirmation and the rental agreement. The tenants must be able to prove that more than a year has passed since the end of the tenancy.
Deposit rental guarantee & reclaim according to Swiss law
mobiliar.ch/ratgeber/mietkaution 20
After one year has passed since the end of the tenancy, the rental guarantee - in the sense of Art. 257e para. 3 OR - can be unilaterally demanded by the tenants directly from the bank (provided that in the meantime no debt collection has been initiated and no conciliation procedure has been initiated by the landlord; see the following chapter). The tenants can demand the release from the conciliation authority. However, a conciliation request and a conciliation hearing are necessary for this.
mobiliar.ch/ratgeber/mietkaution 17
If the handover of the apartment has taken place and there are no outstanding claims from the landlord, the parties (tenants and landlord) can jointly apply to the bank for the dissolution of the rental deposit in favor of the tenants or inform the rental guarantee insurance of the termination of the guarantee. If there are no damages and all rents have been paid, the landlord must generally release the deposit including interest.
mobiliar.ch/ratgeber/mietkaution 21
If the landlord has initiated a debt collection or a conciliation procedure within one year after the end of the tenancy, the rental guarantee can only be claimed through the legal process. Until then, the amount remains 'frozen' in the blocked account. Sample letter: Request for the refund of the rental guarantee from the landlord Successfully request the refund of the rental guarantee from the landlord: Here’s the link to download the sample letter. Sample letter: Recover rental guarantee as a template.docx Deadline: Refund of the rental guarantee
mobiliar.ch/ratgeber/mietkaution 22
Tenants do not have to wait indefinitely for the refund of their rental guarantee. As mentioned above, the guarantee can be demanded directly from the bank after one year since the end of the tenancy or the dissolution of the rental guarantee insurance can be requested, even without the landlord's consent. However, this is only possible if the landlord has not initiated any legal action against the tenants during this time (e.g., debt collection or conciliation procedures). If legal actions have been initiated, the release is only possible through the legal process or through an amicable solution by both parties.
mobiliar.ch/ratgeber/mietkaution 23
For the release, the bank or the rental guarantee insurance generally requires the unilaterally completed dissolution form of the rental guarantee (or a corresponding letter to the bank with the appropriate request), the inspection protocol or the termination confirmation and the rental agreement. The tenants must be able to prove that more than a year has passed since the end of the tenancy.
Landlord, rental conditions
law.ch/lawinfo/vermieter/immobiliar-miete/miet-konditionen/ For more detailed information, see: Insurance lien Security deposit Security performance A security deposit for rent, additional costs, and tenant damages is common but not necessarily the landlord's obligation, to deposit the cash deposit in a blocked account (tenant deposit account) Account opening before the security performance, so that the tenant can directly pay the deposit amount into the account Type of security Tenant deposit account Joint account (compte-joint) at the bank or PostFinance Insurance guarantee Guarantee to the landlord on a premium basis Bank guarantee or bank surety Banks require that a currency of the guarantee or surety is present with them (tenant's credit or savings) Deposit insurance Guarantee is issued on a premium basis (entry premium + annual premium) Quantitatively (maximum) 3 gross monthly rents Claim by the landlord Procedure Dissolution of the tenant deposit account Release upon payment of all rents and correct return of the rented item by the tenant or use, in whole or in part, according to the basis for the claim (deficiencies (handover protocol), unpaid rents and/or additional costs, etc.), by the landlord Claim of the guarantor or surety in case of deficiencies and/or unpaid rents Deadlines 1 year after the end of the lease, the tenant can request the release without landlord participation Jurisdiction (in case of disagreement over the dissolution of the tenant deposit account) Conciliation authority Further security in commercial rentals See landlord's retention right Rent collection / eviction Landlord retention right | retentionsrecht.ch More detailed information on the rent deposit
Landlord, rental conditions
law.ch/lawinfo/vermieter/immobiliar-miete/miet-konditionen/ For more detailed information, see: Insurance lien Security deposit Security performance A security deposit for rent, additional costs, and tenant damages is common but not necessarily the landlord's obligation, to deposit the cash deposit in a blocked account (tenant deposit account) Account opening before the security performance, so that the tenant can directly pay the deposit amount into the account Type of security Tenant deposit account Joint account (compte-joint) at the bank or PostFinance Insurance guarantee Guarantee to the landlord on a premium basis Bank guarantee or bank surety Banks require that a currency of the guarantee or surety is present with them (tenant's credit or savings) Deposit insurance Guarantee is issued on a premium basis (entry premium + annual premium) Quantitatively (maximum) 3 gross monthly rents Claim by the landlord Procedure Dissolution of the tenant deposit account Release upon payment of all rents and correct return of the rented item by the tenant or use, in whole or in part, according to the basis for the claim (deficiencies (handover protocol), unpaid rents and/or additional costs, etc.), by the landlord Claim of the guarantor or surety in case of deficiencies and/or unpaid rents Deadlines 1 year after the end of the lease, the tenant can request the release without landlord participation Jurisdiction (in case of disagreement over the dissolution of the tenant deposit account) Conciliation authority Further security in commercial rentals See landlord's retention right Rent collection / eviction Landlord retention right | retentionsrecht.ch More detailed information on the rent deposit