How detailed does the defect list need to be upon moving in?

In Switzerland, a simple principle applies to tenancy law: Upon moving out, you are liable for all damages not recorded in the handover protocol or in the subsequent list of defects upon moving in . The law assumes that you took possession of the apartment in good condition unless otherwise noted. This means a reversal of the burden of proof. Without a detailed move-in defect list, you would have to prove, in case of a dispute, that the crack in the tile was already there five years ago. That's almost impossible. A thorough move-in defect list reverses this : it freezes the condition at a specific point in time. This is essential for both locals and newcomers , as the standards for returning an apartment in Switzerland are extremely high, and repairs (tradesperson costs) can be very expensive. A move-in defect list is therefore worth its weight in gold.

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The Art of Precision: What, How, When

What should be included in the defect list when moving into an apartment?

Basically, everything that deviates from the contractually agreed-upon , flawless condition should be included on the move-in defect list . Many tenants are too timid. They think, "A little limescale on the faucet won't bother me." That's a mistake. The move-in defect list isn't about what bothers you, but about what could cost you money when you move out.

The following categories are crucial for the defect list upon moving into an apartment :

  • Structural damage: holes in walls, cracks in tiles, scratches in parquet or laminate flooring, dents in door frames.
  • Functional defects: Dripping taps, stuck windows, defective sockets, non-functioning extractor hoods.
  • Cleaning deficiencies: limescale deposits, greasy filters, dusty blinds. Even if you don't request a follow-up cleaning, these must be included in the move-in defect list so that you don't have to return the apartment cleaner than when you moved in.
  • Missing inventory: A missing baking tray or one missing key must be included in the list of defects when moving into an apartment .

How detailed should the list of defects be?

This is where opinions diverge – and where tenants often lose their cases. A list of defects upon moving into an apartment must be so detailed that a third party can find and identify the damage even without your explanation.

Blanket statements are worthless. If you simply write "scratched parquet floor" on the move-in defect list , it offers little protection. If you cause a new, deep scratch when you move out, the landlord can claim: "That wasn't on the list; it only said 'generally scratched'." A legally sound List of defects Move-in Apartment requires Precision :

  • Bad: "Stains on the wall."
  • Good: "Dark abrasion mark (approx. 10 cm) on the west wall in the bedroom, 50 cm above the floor."
  • Bad: " Refrigerator defective .”
  • Good: "The vegetable drawer in the refrigerator has a crack at the front right, the light flickers."

The more precisely you formulate the defect list upon moving into the apartment , the less room for interpretation the landlord will have when you move out. Use adjectives, measurements , and location descriptions. The defect list upon moving into the apartment is not a literary text, but a technical document.

The role of photos in the defect list when moving into an apartment

A picture is worth a thousand words, but only if it can be properly documented. Modern smartphones make creating a defect list for moving into an apartment easy. Photograph each defect. But be careful: a photo alone is not enough. It must be included in the defect list. Move-in Apartment become .

  • Take a wide shot (so you can see where the damage is in the room).
  • Take a close-up photo (possibly using a ruler or coin as a reference). Refer to the photos in the text of your move-in defect list (e.g., "See photo no. 4"). Send the photos digitally or as printouts, along with the written move-in defect list, to the property management company.

Tips for creating a defect list when moving in

To ensure your defect list for moving into your apartment has its full protective effect, consider the following professional tips:

  • The 14-day period: After receiving the keys, you usually have 10 to 14 days (check your rental agreement!) to report any hidden defects. Use this time wisely! Don't create your move-in defect list hastily on moving day. Live in the apartment for a few days, test all appliances, and open all windows. Then add to the defect list and submit it within the deadline.
  • Written form and proof: A phone call is nice, but legally worthless. The list of defects upon moving into the apartment must be in writing. Send it to the landlord by registered mail . This is the only way to prove that the list of defects arrived on time. Keep it. one Copy and postal receipt .
  • Lighting conditions: Check surfaces for the defect list upon moving into the apartment in daylight or with a strong flashlight. Many scratches are visible under these conditions . evening Ceiling lights are not included.
  • Functional test: Run water into the bathtub (is the drain clogged?), turn on all stove burners, flush the toilet. A good defect checklist before moving into an apartment also uncovers technical defects, not just cosmetic ones.
  • Signature not mandatory: Unlike the handover protocol, the subsequent list of defects upon moving into the apartment does not need to be countersigned by the landlord. Proof of delivery (registered mail) is sufficient. However, it is still advisable for the landlord to confirm receipt of the list of defects upon moving in .

Distinction: Protocol vs. Defect List

The handover protocol (taken on the day of the handover) and the subsequent defect list after moving into the apartment are often confused. The protocol is the foundation. The defect list after moving in is a supplement for anything overlooked in the stress of the handover. Contradictions should be avoided. If the protocol states "walls freshly painted," but you write "walls heavily yellowed" in the defect list three days later, it's not credible. However, for hidden defects (e.g., a broken electrical outlet), the defect list after moving in is the correct tool for rectification.

Conclusion

The question "How detailed?" can be answered clearly: as detailed as possible. A superficial move-in defect list isn't worth the paper it's written on when things go wrong. Think of creating the move-in defect list as your first "workday" in your new home. Every minute you invest in precisely describing scratches and defects will save you potential arguments and hundreds of dollars when you move out.

Don't be afraid of being considered "fussy." A proper move-in defect list is a sign of professionalism and diligence. It creates clear communication between you and the landlord. Document every defect in writing and with photos in the move-in defect list and adhere to the deadlines.

Do you want to ensure that your apartment handover is fully documented and that you don't miss any deadlines for reporting defects? Loft offers you the digital platform to easily and securely manage your move-in defect list and all other documents.

Glossary

  • List of defects upon moving into the apartment: A written list of damages and defects that the tenant discovers in the first few days after moving in and reports to the landlord.
  • Hidden defects: Defects that were not immediately apparent during the normal apartment handover (e.g., defective oven, leaking siphon) and subsequently belong in the defect list for moving into the apartment .
  • Reversal of the burden of proof: The principle that the tenant must prove that damage already existed upon move-in. The list of defects. Move-in Apartment serves as this Proof .
  • Registered mail: A postal service method with proof of delivery. Highly recommended for sending the defect list upon moving into an apartment to meet deadlines.
  • Notice of defects: The legal term for reporting defects. In practice, the defect list for moving into an apartment is the collective form for these complaints.

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