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Can I request the release of the rental deposit after a year without the landlord's consent?

March 3, 2025

Contract law

Open in Omnilex

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

mobiliar.ch/ratgeber/mietkaution 20

After one year from the end of the tenancy, the rental deposit - in the sense of Art. 257e Abs. 3 OR - can be unilaterally demanded by the tenants directly from the bank (provided that in the meantime neither a debt collection has been initiated nor a 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 20

After one year from the end of the tenancy, the rental deposit - in the sense of Art. 257e Abs. 3 OR - can be unilaterally demanded by the tenants directly from the bank (provided that in the meantime neither a debt collection has been initiated nor a 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.

Art. 257e Abs. 1 OR

1 If the tenant of residential or commercial premises provides a security deposit in cash or in securities, the landlord must deposit it with a bank in a savings account or a custody account in the tenant's name.

Art. 257e Abs. 2 OR

2 When renting residential premises, the landlord may demand a maximum of three months' rent as a security deposit.

Art. 257e Abs. 3 OR

3 The bank may only release the security deposit with the consent of both parties or on the basis of a legally valid payment order or a legally valid court judgment. If the landlord has not legally asserted any claim against the tenant within one year of the termination of the rental agreement, the tenant may request the return of the security deposit from the bank.

Art. 257e Abs. 4 OR

4 The cantons may enact supplementary provisions.

Art. 257e Abs. 1 OR

1 If the tenant of residential or commercial premises provides a security deposit in cash or in securities, the landlord must deposit it with a bank in a savings account or a custody account in the tenant's name.

Art. 257e Abs. 2 OR

2 When renting residential premises, the landlord may demand a maximum of three months' rent as a security deposit.

Art. 257e Abs. 3 OR

3 The bank may only release the security deposit with the consent of both parties or on the basis of a legally valid payment order or a legally valid court judgment. If the landlord has not legally asserted any claim against the tenant within one year of the termination of the rental agreement, the tenant may request the return of the security deposit from the bank.

Art. 257e Abs. 4 OR

4 The cantons may enact supplementary provisions.

Comment 1: Art. 257e para. 3 CO

The landlord must assert his claims legally within one year after the termination of the rental agreement.

Comment 1: Art. 257e para. 3 CO

The landlord must assert his claims legally within one year after the termination of the rental agreement.


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