Duty to mitigate damages
If a tenant terminates early, they only owe rent until the next ordinary date if the landlord makes reasonable efforts to re-let the unit (CO Art. 264).
The handover protocol
- Meter readings (water, electricity, heating) with date
- Condition of each room: floors, walls, fixtures
- Number of keys handed over
- Defects noted, documented with photos
- Both parties' signatures
Normal wear or damage?
Only wear that exceeds the fixture's average lifespan counts as damage chargeable to the tenant.
Important
Without a signed protocol documenting defects, deducting repair costs from the deposit is hard to justify.
💡 Digital handover protocols with ImmoManage
Create the protocol directly on a tablet, with photos, meter readings and both signatures. Compare move-in and move-out condition side by side.
Frequently asked questions
Do I have to create a handover protocol? +
Not legally required, but strongly recommended — without one, damage is hard to prove in a dispute.
Can I reject a prospective successor tenant? +
Only for objective reasons such as insufficient creditworthiness. An unjustified rejection may breach the duty to mitigate damages.
30 days free
30 days free – then your chosen plan starts automatically.