How much rental deposit can the landlord ask for?
At most three months' rent — and the money is protected. Under Art. 257e OR, the deposit (Mietzinsdepot) for a flat may be at most three months' rent. Cash or securities must sit in a blocked account in your name at a bank; the landlord can't freely access it. The interest belongs to you. The bank releases the money only with both parties' consent or based on a final judgment or debt-enforcement order. If the landlord asserts no claim within one year of the tenancy ending, you can demand release directly from the bank. In short: max three months' rent, in your blocked account.
📋 The rules
- Flat: max 3 months' rent (Art. 257e OR)
- Money in a blocked account in your name
- Interest belongs to the tenant
- Release only with both parties' consent or a judgment
- No claim within 1 year: direct release possible
🔓 Exceptions
- Commercial premises: no statutory cap
- Deposit insurance as an optional alternative to the blocked account
- Landlord can't freely access the account
⚠️ Penalties & fines
If the landlord demands more than three months' rent or doesn't put the money in a blocked account in your name, they breach Art. 257e OR; you can enforce correct deposit and release via the conciliation authority. Beware a myth: "the landlord can keep the deposit until they decide" is false — after the tenancy ends and with no claim asserted within a year, you can demand release directly from the bank. Tip: insist on a blocked account in your name, and document the flat's condition at move-in and move-out.
📎 Official sources
❓ Frequently asked
How high can the deposit be?
For a flat the rental deposit may be at most three months' rent, under Article 257e of the Code of Obligations. For commercial premises there's no statutory cap. If the landlord demands more, it's not permitted and you can require the amount to be reduced.
Where must the money be held?
Cash or securities must be deposited in a blocked account, the Mietzinsdepot, at a bank in your name. The landlord can't freely access it. The interest the account earns belongs to you as the tenant, not to the landlord, under the statutory deposit rules.
When do I get the deposit back?
The bank releases the money when both parties consent, or based on a final judgment or debt-enforcement order. If the landlord asserts no claim within one year of the tenancy ending, you can demand release directly from the bank without the landlord's signature.
Is there an alternative to a blocked account?
Yes. There are deposit-insurance products as an optional alternative, where you don't deposit cash but pay a premium. The statutory default remains the blocked account in your name. Check the cost, as the premium is usually non-refundable, unlike the deposit itself.
What if the landlord demands too much?
If the landlord demands more than three months' rent or doesn't hold the money correctly in a blocked account in your name, they breach the law. You can enforce the correct deposit and, later, the release through the conciliation authority for tenancy matters.
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