Applying for an apartment in Switzerland can be a long process, and sometimes things change. If you applied for an apartment, were selected, but then decided not to take it, you might receive a request from the régie (rental agency) asking you to pay a fee. Many prospective tenants wonder whether they are actually required to pay.

Are these fees legitimate?

In Switzerland, once a rental contract is signed, both the tenant and the landlord have obligations. However, if no contract was signed, there is no legal basis for a régie to charge you administrative fees just because you withdrew your application. A rental application alone does not create an obligation to pay. However, there is one nuance, which I will explain below.

Swiss law does recognize the principle of culpa in contrahendo (pre-contractual liability). This means that if a landlord incurred necessary costs (from a third-party) in good faith because they believed you would sign the lease, they may ask to be reimbursed. However, these costs must be real and provable (for example, travel expenses), not just internal “administrative fees”.

What should you do if you receive a fee request?

If you receive a bill from a régie after withdrawing your application, here are a few steps you can take:

Check what you agreed to: review any documents or emails to see if there was mention of fees.
Ask for clarification: you can contact the régie and request details (and expenses receipts) on why they are charging this fee.
Know your rights: if you did not sign a rental contract, you are not obligated to pay administrative fees.

How to avoid issues in the future

To prevent surprises during the rental process:

Read all documents carefully before applying.
Only apply for apartments you are serious about to avoid unnecessary complications.
Communicate quickly if you change your mind, so the régie can move on to the next candidate.

Conclusion

If you have not signed a rental contract, you do not have to pay an administrative fee for withdrawing your application. While a régie might request one, prospective tenants are not legally required to accept. One exception being if the landlord can prove actual, necessary third-party costs, as explained above. If in doubt, you can always ask for clarification or seek advice from a tenant association (such as ASLOCA).