On what occasions may a property owner expect his tenant to have access to his property? Does a tenant have to give his landlord access to all rooms? What if the tenant refuses access? These are just some of the questions surrounding this thorny issue that are asked time and time again. Here you will find answers: 

Three good reasons

The law clearly states that a tenant must only tolerate the landlord inspecting 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 controversial issue, as it is not mandatory for the landlord to have knowledge of a defect or damage in order to be able to inspect a rental property. In theory, it is always possible for the landlord to visit the property. However, the practical approach is that this should be done to a healthy extent depending on the nature of the rented property. This means that the tenant with no problems in the well-maintained property may and should not be bothered with visits too often, while the heavily used shop with a production facility may be visited more frequently.

Visits 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?

Around the inspection

The landlord's aim should of course be to minimise disruption to the tenant. Accordingly, visits should be announced in good time, especially if they are to be carried out with prospective buyers or tenants. In the Zurich tenancy agreement, this early notification is regulated as at least 48 hours. The viewing times are for business premises their usual business hours, for private premises between 8 a.m. and 5 p.m. and on Saturday mornings - bilaterally, of course, other dates can be agreed. Without good cause, the tenant must allow access to all premises and they should be tidy and cleaned to the extent that an assessment of the 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 suing for damages. And: Neither landlord nor tenant have to be there in person and can leave the inspection to the caretaker or the administration.

If the tenant refuses

The reasons for such behaviour can be of different nature, but in this case the landlord has two options. Either he has to take legal action by going to the single judge in summary proceedings and requesting that the tenant be ordered to grant the landlord access for inspection under penalty of a fine if he fails to do so. Or - if this has not already been done - the tenancy is to be terminated ordinarily 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 it is important to know: If the tenant refuses the inspection, the landlord is not allowed to gain access to the property by force or without authority, as this would risk a charge of trespassing.