Defect management: classify defects under Swiss tenancy law.
Under Swiss tenancy law, tenants fix minor defects themselves (minor maintenance, Art. 259 CO), and all other defects must be remedied by the landlord (Art. 256 CO). ailean classifies every reported defect by this rule and passes borderline cases to the property manager.
Legal information as of October 2026
The legal basis
The landlord must hand over the flat in a condition fit for its intended use and keep it in that condition (Art. 256 CO). In residential leases, agreements to the tenant's detriment are void.
The tenant must remedy at their own expense, in line with local custom, defects that can be fixed by minor cleaning or repairs needed for normal maintenance (Art. 259 CO). This is minor maintenance.
Defects the tenant does not have to remedy must be reported to the landlord (Art. 257g CO).
Minor and ordinary maintenance at a glance
| Aspect | Minor maintenance | Ordinary maintenance |
|---|---|---|
| Responsible | Tenant, at own expense | Landlord |
| Legal basis | Art. 259 CO | Art. 256 CO |
| Typically | Minor cleaning and repairs without a professional | Repairs that need a professional or go beyond normal maintenance |
| Yardstick | Local custom; as a rule of thumb, Zurich tenancy court practice cites amounts below roughly CHF 150 to 200 | Fitness of the flat for its intended use |
| What ailean does | Classifies and documents the case | Dispatches the contractor from the directory and follows up |
How ailean classifies
Every report passes four review layers: ailean first clarifies the facts, then classifies under tenancy law, then checks against the property and lease data, and only then acts. The basis is Art. 256 et seq. CO and the local practice of the conciliation authorities.
Grey areas: when ailean escalates
Not every case is clear. If it is uncertain whether a defect counts as minor maintenance, who caused the damage, or whether the lease contains a special rule, ailean does not decide alone. The case goes to the responsible property manager with the full history, the pictures and the classification so far.
Cases recorded as escalated: 36. As of 11/11/2026.
Frequently asked questions
Minor cleaning and repairs needed for normal maintenance. Tenants do these at their own expense, in line with local custom (Art. 259 CO).
In principle the landlord, who must keep the flat fit for use (Art. 256 CO).
No. ailean classifies and acts in clear cases. Borderline cases go to the property manager; in a dispute, the conciliation authorities and courts decide.
Anonymized figures from live operation. Source: kpi.ailean.re, as of 11/11/2026, licence CC BY 4.0.
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