ClairAssur.ch
EN
FrançaisFRDeutschDEItalianoITEnglishENالعربيةARPortuguêsPTEspañolESTürkçeTRShqipSQ
Partner area

Rented housing

Tenant damage: liability and cover are not the same

Tenants must use rented property with care and notify certain defects. At handover, contract-compliant use, a pre-existing defect and potentially attributable damage must be separated.

Each source shows its original language. Summaries separate legislation, authority guidance and contract-specific conditions; English Fedlex translations are references and official-language wording controls.

Three layers to keep apart

Duties of care and notice

A tenant must notify the landlord of defects the tenant is not responsible for remedying. Delay can worsen loss and complicate the assessment.

Compliant use is not automatic damage

The Code of Obligations provides for return in the condition resulting from use in accordance with the contract. Wear should not be assumed to be insured damage.

The landlord’s inspection also follows rules

On return, the landlord must inspect and immediately notify defects attributed to the tenant, subject to defects not discoverable through usual checks.

Four situations to document

The same records can support discussions with landlord and insurer without resolving the dispute.

  1. Defect existed on entry

    Keep the entry report, photographs and reservations sent to the landlord.

  2. Leak or defect during the tenancy

    Notify promptly and retain proof of notice and reasonable emergency action.

  3. Damage found at departure

    Request a precise record separating wear, cause, affected element and amount claimed.

  4. The claim is disputed

    Send documents to the liability insurer without prematurely accepting payment or liability.

What depends on the file

  • The page cannot decide whether a mark, scratch or broken appliance is wear or attributable damage.
  • Even where liability exists, deductibles, exclusions and valuation remain contractual.
  • Late landlord notice does not automatically remove latent defects that normal checks could not reveal.

Verified official sources

Each source shows its original language. Summaries separate legislation, authority guidance and contract-specific conditions; English Fedlex translations are references and official-language wording controls.

Next step

Prepare a comparison request

Choose the insurance area that matches your need. The form opens on a protected page and you remain free not to submit it.

This block asks for no personal information.

Household and liability hub

Household contents insurance primarily concerns your belongings. Personal liability addresses certain third-party claims. They are often sold together, but their purpose, limits and exclusions remain separate.

Household and liability hub

Household contents and personal liability: protect the right risk

Household contents insurance primarily concerns your belongings. Personal liability addresses certain third-party claims. They are often sold together, but their purpose, limits and exclusions remain separate.

Read the guide Contents or personal liability

Contents or personal liability

Identify whether the risk concerns your property or harm caused to someone else.

Read the guide Steps after a claim event

Steps after a claim event

Organise notice, evidence and insurer communications.

Read the guide Prepare a claim file

Prepare a claim file

Collect facts and documents without predicting the insurer’s decision.

Read the guide Household and liability guide

Household and liability guide

Review the key concepts before comparing a policy.

Read the guide