Lease agreement in Geneva: clauses, term, initial rent and template
A residential lease is a contract by which the landlord grants the tenant the use of a home in exchange for rent, governed by the Code of Obligations (CO). In Geneva, cantonal rules apply on top of federal law.
The official initial rent form is mandatory for every new residential lease, the rent deposit is capped at three months' rent, and the initial rent can be challenged within 30 days of receiving the home.
This article first covers what a lease contains and where to find a template, then the initial rent, the term and the deposit, and finally void clauses and what follows the lease.
What does a residential lease contain in Geneva?
A residential lease in Geneva contains seven sections that the tenant checks before signing.
- Parties: landlord and tenant; co-tenants are each liable for the whole amount if the lease binds them jointly and severally (art. 143 and 144 CO).
- Leased property: the apartment and its outbuildings, such as a cellar or garage (art. 253a para. 1 CO).
- Start date: the date the home is handed over (art. 256 para. 1 CO).
- Term: fixed or indefinite (art. 255 CO).
- Net rent: the payment due for the use of the home (art. 257 CO).
- Ancillary costs: the items billed on top of the rent, detailed one by one.
- Deposit: the sum required from the tenant, where applicable (art. 257e CO).
This diagram shows the seven sections of the lease and the two documents that go with it, the general conditions and the official form.
No particular form is required for a lease (art. 11 para. 1 CO): an oral lease is valid, although a written one is advisable.
The general conditions and the tenancy rules and customs in force in the canton of Geneva, generally those drawn up by the Chambre genevoise immobilière (Geneva real estate chamber), form part of the lease as soon as the contract refers to them. The rules and customs of the 2010 edition apply to LGL or LGZD buildings (annex 1 of the RGL).
Where can you get a lease template in Geneva?
A lease template in Geneva comes from three issuers.
- The Chambre genevoise immobilière (CGI Conseils) sells a paper "apartment rental" kit, including the lease, general conditions, rent notice and move-in inspection report: 26.95 francs for members, 41.80 francs for non-members.
- The Commission de conciliation en matière de baux et loyers (Geneva rent conciliation commission) sells the official forms at its counter: notice of rent, of rent increase and of termination.
- The State of Geneva publishes standard leases for subsidised HBM, HLM, HCM and HM buildings (art. 47 LGL; annexes 2 to 5 of the RGL).
A Vaud template, such as the CVI one at 15 francs, includes Vaud tenancy customs, not Geneva ones.
Is the official initial rent form mandatory in Geneva?
Yes, the official initial rent form is mandatory in Geneva for every new residential lease, for as long as the housing shortage lasts (art. 270 para. 2 CO; art. 207 para. 1 LaCC). The Geneva order that records the shortage covers all categories of apartments, from 1 to 7 rooms.
What the law says (art. 207 para. 1 LaCC): "For as long as the shortage lasts, a landlord of a dwelling located in the canton of Geneva must, when concluding a new lease, use the official form provided for in article 270, paragraph 2, of the Code of Obligations."
The form states the rent paid by the previous tenant, the reasons for any increase over that rent and the ways of challenging it available to the tenant. Since 1 October 2025, it also shows the reference interest rate and the Swiss consumer price index that determine the previous rent (art. 19 para. 3 OBLF). The landlord must hand the form to the tenant when the lease is concluded or, at the latest, on the day the home is handed over.
Notification is late if the form is handed over within thirty days of move-in; after thirty days, the form has not been notified. Without the form, the agreement on the rent is void, the lease remains valid and the judge must then set the initial rent (Federal Supreme Court, ATF 140 III 583).
How do you challenge the initial rent?
You challenge the initial rent in 4 steps before the Commission de conciliation en matière de baux et loyers, within 30 days of receiving the home (art. 270 para. 1 CO).
- Note the date the keys were handed over: the 30-day period runs from that receipt.
- Check that one of the two conditions is met: being forced to sign by personal or family necessity or because of the local market, or a significant increase over the previous rent.
- File a written, signed request within the period, by post or at the counter.
- Attend the hearing, normally set within 2 months; the procedure is free of charge.
This timeline lays out the four steps of the challenge, from the handover of the home to the conciliation hearing.
How long does a residential lease last in Geneva?
A residential lease in Geneva has an indefinite term, unless the parties agree on an end date (art. 255 CO).
| Type of lease | End of lease | Notice | Termination dates |
|---|---|---|---|
| Housing, indefinite term | Termination | 3 months (art. 266c CO) | Local custom or, failing that, end of a lease quarter |
| Housing, fixed term | Expiry, without notice (art. 266 CO) | None; tacit renewal = indefinite term | Agreed date |
| Furnished room let separately | Termination | 2 weeks (art. 266e CO) | End of a lease month |
| Commercial premises | Termination | 6 months (art. 266d CO) | Local custom or, failing that, end of a lease quarter |
A notice given outside the notice period or termination date takes effect for the next relevant date (art. 266a para. 2 CO).
What rent deposit can the landlord require?
The landlord can require a rent deposit of at most three months' rent for a home (art. 257e para. 2 CO).
This card isolates the legal cap and the bank account where the sum is held.
The landlord places the sum provided by the tenant in a savings or deposit account at a bank, opened in the tenant's name. The bank releases it with the agreement of both parties, on a payment order not met with objection or on an enforceable judgment; the tenant obtains its return if, within one year after the lease ends, the landlord has made no claim (art. 257e para. 1 and 3 CO).
Which charges must the lease specify?
The lease must specify each charge passed on to the tenant: under art. 257a para. 2 of the Code of Obligations (CO), ancillary costs are due only if specially agreed. An item not specified in the lease is included in the rent (ATF 135 III 591). Advance payments are settled by a statement at least once a year, and a flat rate is based on a three-year average (art. 4 OBLF).
Which clauses of a residential lease are void?
Clauses of a residential lease are void when they depart from the mandatory rules of the Code of Obligations (CO).
| Clause | Why it is void or limited | What the tenant does |
|---|---|---|
| Tied transaction | Void if the lease depends on it and it has no direct link with the use of the home (art. 254 CO) | Refuses it |
| Deposit of more than three months | Legal cap (art. 257e para. 2 CO) | Pays the legal cap at most |
| Flat-rate move-out compensation | Void if it covers anything other than possible damage (art. 267 para. 2 CO) | Applies to the conciliation commission |
| Indexed or stepped rent | Indexation valid from five years (art. 269b CO); stepped rent from three years, with one annual increase in francs (art. 269c CO) | Checks the term and the amounts |
The nullity of one clause in principle leaves the rest of the lease standing (art. 20 para. 2 CO), unless the parties would not have contracted without it.
What else does the lease govern after signing?
After signing, the lease still governs subletting and early departure, and it fits into the stages of renting. Any change agreed by both parties is recorded in a written amendment; any unilateral increase requires the official form (art. 269d CO).
Does the lease allow subletting the home?
Yes, the lease allows subletting the home with the landlord's consent (art. 262 para. 1 CO). The landlord may refuse only on the grounds exhaustively listed by law (art. 262 para. 2 CO).
Can you leave the home before the lease ends?
Yes, you can leave the home before the lease ends if the tenant puts forward a solvent replacement that the landlord cannot reasonably refuse (art. 264 para. 1 CO). This replacement must be willing to take over the lease on the same terms.
At what stage of renting does the lease come in?
The lease comes in in the middle of the rental process, between acceptance of the application and handover of the keys. The path of renting a home in Geneva takes the tenant from search to move-in: signing comes before payment of the deposit and the move-in inspection.
What must a landlord drafting a lease include?
A landlord drafting a lease must include the official initial rent form and a deposit limited to three months' rent; the tenancy rules and customs are added by reference. These points are settled during letting, together with the rent and the choice of tenant, before signing.