Often, adopting the right behaviour can achieve a lot. The main rule is: keep the heat outside. Windows should remain closed during the day once it is warmer outside than inside. Blinds, shutters, or awnings should be drawn down as early as possible. Ventilate best late in the evening, at night, or early in the morning. Short cross-ventilation is particularly effective. Light curtains, sun protection films, and switching off electrical appliances also help keep the apartment as cool as possible on warm days.
Landlords have the duty to hand over and maintain the rental property in a condition suitable for the intended use (Art. 256 para. 1 CO). Whether summer heat constitutes a defect depends on each individual case: the construction method, age and standard of the building, location of the apartment, sun protection, duration of the heat period, and the behaviour of the tenants need consideration.
If a report from tenants regarding heat is received, it should be examined objectively. A temperature log over several days is helpful: When and where was it measured? What was the outside temperature? Were the available shading and ventilation options used?
If an apartment heats up excessively over a longer period despite correct tenant behaviour, it should be checked whether the cause lies within the building. Usually, there is no defect if available shading and ventilation options are not used, or if the apartment only becomes warm on some very hot days. Defective blinds, shutters, awnings, windows, or lacking ventilation possibilities should, however, be repaired by the landlord. Depending on the property, further reasonable measures may be appropriate, such as an external sun protection, heat protection films, or structural improvements as part of a renovation.
There is no fixed legal limit at which summer heat constitutes a defect of the rental property. Consequently, even during prolonged periods of high temperatures in a rental apartment, one should not automatically assume a defect, and it does not directly justify a reduction in rent.
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HEV Schweiz
Markus Meier, Director HEV Schweiz
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