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Finding a home in Switzerland: What are landlords not allowed to ask?

Finding a home in Switzerland: What are landlords not allowed to ask?

With the shortage of housing in Switzerland continuing unabated, there is a temptation among renters to go above and beyond in trying to secure a home. However, it’s important to bear in mind that landlords are only able to ask certain questions before handing you the keys - though often these rules are ignored. Here’s what you need to know.

Housing shortage in Switzerland making applications more heated

Thanks to low availability, the housing market in many parts of Switzerland is becoming all the more heated. As a result, landlords are often faced with tens if not hundreds of applications from prospective tenants, making it all the more important for them to pick the right candidate.

On the flip side, during this process, landlords may ask questions that are unethical at best and illegal at worst. A Federal Data Protection and Information Commissioner (FDPIC) study from 2024 found that of the 28 tenant application agencies analysed, none of them have effective data protections for applicants and all but one asked inadmissible questions.

What landlords can (and can't) ask prospective tenants in Switzerland

With this in mind, this is what landlords can ask those looking for a house or apartment in Switzerland, and crucially, what they are not allowed to ask.

What can Swiss landlords ask those looking to rent their apartments?

Swiss landlords are allowed to ask prospective tenants about information that is relevant to filling out their rental contracts. This will include your full name, address, date of birth, occupation and the name of your current employer.

Information must also be provided regarding your family or anyone who will live in the home with you, and you must also detail whether you have any pets. You will also need to provide a statement concerning your salary to prove you can afford to live in the home, a criminal record extract and a document proving you have no debt proceedings against you.

Once the landlord has narrowed down the candidates and definitively chosen you, you then need to provide a copy of your passport or ID and your residence permit if applicable (more on this later).

What can't landlords ask tenants in Switzerland?

By contrast, there are several things that Swiss landlords cannot ask you or use to determine the outcome of your application. This includes financial information unrelated to your ability to pay rent, whether you are a member of a tenants’ association or why you are looking to leave your current home.

There are also some personal factors that cannot be asked about, namely religion, marital status, ethnicity and sexual orientation. Questions regarding your physical and mental health are also off the table.

Finally, your nationality, civil and residence status cannot be used to determine whether you are offered an apartment or not.

Are these tenancy application rules actually being followed?

While they are not allowed to ask these questions, the FDPIC study found that of the 28 agencies analysed, all but one asked for the person’s nationality during the initial application, almost all asked for their civil status and a copy of their ID before they were confirmed as the new tenants, and two asked for the applicant’s religion. 13 agencies were also found to charge an administration fee of up to 200 francs per application form - something which is not permitted.

In addition, there are indications that nationality is still an unfortunate part of the process for applying for a home in Switzerland. A 2019 experiment from the Federal Housing Office found that, based on 11.000 applications, those with Kosovar or Turkish-sounding names were between 3 and 5 percent less likely to be invited for a house viewing compared to the average.

What can tenants in Switzerland do if they are asked these questions?

What prospective tenants can do about these practices is limited - the Swiss Tenants’ Association even suggested to Blick that lying may be necessary in some cases. Regardless, it's important to note that no one should ever falsify the official documents that they have to provide, regardless of the reason.

If you find yourself having to fill in these questions, you can report the incident to the FDPIC website on the grounds that it infringes on your data protection.

Jan de Boer

Author

Jan de Boer

Editor for Switzerland at IamExpat Media. Jan studied History at the University of York and Broadcast Journalism at the University of Sheffield. Though born in York, Jan has lived most...

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