Law & inheritance
Landlord's Lien (Retentionsrecht)
Also known as: Retentionsrecht · Vermieterpfandrecht · right of retention · landlord lien Switzerland
The landlord's lien (Retentionsrecht) allows the landlord of commercial premises to retain a tenant's movable property as security for unpaid rent. For residential tenancies this right does not exist in Switzerland — a landlord may never hold on to a tenant's furniture over rent arrears.
Commercial premises only
This is the decisive point, and it is frequently misunderstood: there is no landlord's lien for residential property in Switzerland. A landlord may not hold back a tenant's furniture because rent is outstanding. Doing so amounts to unlawful self-help (verbotene Eigenmacht).
For commercial premises the right does exist. It covers movable property located on the premises that belongs to their fixtures or serves their use — and it secures the rent already due for the past year plus the current half-year's rent.
How it must be exercised
Never on the landlord's own authority. The landlord has to apply to the debt collection office (Betreibungsamt) for a retention inventory (Retentionsverzeichnis). The office records the items and places them under official protection. Only then can enforcement proceedings for realisation of the lien follow.
Acting alone — changing the locks, removing property, denying access — is unlawful for commercial premises too, and can trigger claims for damages.
What cannot be retained
Excluded is property that does not belong to the tenant, provided the landlord knew or ought to have known this — leased machinery, for example, or goods subject to retention of title. Also excluded are items that cannot be seized at all, meaning those indispensable for a modest standard of living or for practising the tenant's profession.
A case from our work
A commercial tenant in Dietikon is four months behind on the rent. The landlord has the debt collection office record a retention inventory covering the workshop equipment. Two CNC machines are excluded, because they are demonstrably leased. After the lien is realised the unit is cleared — only at that point, and on the office's instruction.
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Frequently asked questions about Landlord's Lien (Retentionsrecht)
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