When may a landlord inspect a rented property that is in use?

On what occasions can a property owner expect his tenant to have access to his property? Does a tenant have to grant his landlord access to all rooms? What if the tenant refuses access? These are just some of the questions surrounding this sensitive topic that are asked time and again. We provide clarification.

Three good reasons

The law clearly states that a tenant must only allow the landlord to inspect the rented property if it is necessary for maintenance, if it is being sold or if it is necessary for re-letting.

Inspection for maintenance

This is certainly the most explosive area, as it is not absolutely necessary for the landlord to be aware of a defect or damage in order to be able to inspect a rental property. This means that the landlord is theoretically always able to visit his property. The practical approach, however, is that this should be done to a healthy extent depending on the type of rental property. This means that the problem-free tenant in the well-maintained property must not and should not be bothered too often with visits, while the heavily used store with production facility may be visited more frequently.
 

Viewing for sale or re-letting

If the property is for sale, the tenancy agreement has been terminated or the fixed-term tenancy is about to end, the landlord must be granted access to the property. But when, how and under what conditions?

All about the tour

The landlord’s aim should of course be to minimize disruption for the tenant. Accordingly, visits should be registered in good time, especially if they are to be carried out with prospective buyers or tenants. In the Zurich rental agreement, this early registration is regulated with a minimum of 48 hours. The viewing times for business premises are during normal business hours, for private premises between 8 a.m. and 5 p.m. and on Saturday mornings – other dates can of course be agreed bilaterally. Unless there are good reasons, the tenant must allow access to all rooms and they should be tidy and clean to the extent that an assessment of their condition is possible. If this is not the case and a rental property cannot be sold or re-let for reasons of tidiness or cleanliness, the landlord may consider an action for damages. And: Neither landlords nor tenants have to be there in person and can leave the inspection to the janitor or the management.

If the tenant refuses

The reasons for such behavior can be of different nature, in this case the landlord has two options. The tenant can either take legal action by applying to the single judge in summary proceedings and requesting that the tenant be ordered to grant the landlord access for the purpose of inspection under threat of a penalty in the event of an injunction. Or – if this has not already been done – the tenancy must be terminated with due notice or extraordinarily after the first written warning. If the landlord suffers damage as a result of a refusal to inspect, the tenant is liable to pay compensation in any case. And important to know: If the tenant refuses the inspection, the landlord may under no circumstances gain access without authorization or by force, as he risks being charged with trespassing.