Guide
Deposit.
How to get it back.
The deposit belongs to you. It is held in a blocked account in your name – the only question is when it is released.
As of 20 October 20264 sections · approx. 1 min
What you can do now
In short
The essentials in three sentences
- For flats, at most three months' rent is allowed, in an account in your name; the interest belongs to you.
- After you move out, the bank releases it with the landlord's consent.
- If the landlord has not asserted a claim through legal channels one year after the tenancy ends, you can ask the bank directly to repay it.
How to proceed
- After the handover, ask the landlord in writing to release it.
- Do not simply accept disputed deductions – check wear and tear and the current value.
- After one year without legal steps by the landlord: ask the bank directly for payment.
- If proceedings have been opened, the conciliation authority or the court decides.
Deposit insurance
Instead of a blocked account, there is deposit insurance. You pay an annual premium that you do not get back and may have to repay damage that the insurer covers. Work out whether it is worth it.
Frequently asked questions
- May the landlord keep the deposit themselves?
- No. A cash deposit must be placed with a bank in a savings or deposit account in your name.
- What about damage that turns up later?
- The landlord must report defects immediately at the return. Later, they can only claim hidden defects that could not be seen in a normal inspection.
Legal basis
Art. 257e CO (security, bank account, one year), Art. 267 and 267a CO (return, inspection, notice of defects).
Guidance, not legal advice. In a dispute, the tenants' association or your canton's conciliation authority can help.