Process & handover
List of Defects (Mängelliste)
Also known as: Schedule of dilapidations · Defect notice · Mängelrüge · Schadenliste
The list of defects (Mängelliste) is the itemised record of damage and cleaning defects identified at an apartment handover, each with the cost estimated for it. It is the basis for any charges subsequently passed on to the outgoing tenant — and it is worth checking line by line before you pay.
How to read a list of defects
Every position should contain three pieces of information: what is being objected to, who is responsible for it, and what amount is estimated. If any one of these is missing, the claim cannot be checked — and you should not accept it unchecked.
Check in particular whether the age and service life of the affected components have been taken into account. Very often the price of a new item is demanded when only a share of the current value (Zeitwert) is actually owed.
Typical inflated positions
The most common are: new-price claims for carpets and floor coverings that are already written off, full repainting costs for walls with normal signs of use, replacement of complete kitchen appliances because of a minor defect, and flat-rate cleaning charges well above the market price.
For wall paint the rule is: a normal number of drilled holes and ordinary yellowing count as wear and tear. Only if there are clearly more holes than usual, or if you painted in strong colours without permission, does a cost consequence arise — and even then only pro rata according to the age of the last paint job.
How to respond
Reply in writing and within a reasonable period. Dispute individual positions with reasons and refer to the move-in report (Antrittsprotokoll) and the joint service-life tables. Offer to pay the undisputed positions — that shows willingness to cooperate and narrows the dispute.
If no agreement is reached, the competent body is the conciliation authority for tenancy matters (Schlichtungsbehörde in Mietsachen). The procedure is free of charge and low-threshold for both sides; you do not need a lawyer to use it.
A case from practice
A list of defects after a handover in Adliswil comes to CHF 3,850: carpet replacement CHF 2,400, painting CHF 900, re-cleaning CHF 550. On examination the carpet turns out to be fourteen years old and therefore fully written off, and the last paint job nine years old, so only a residual share is owed. After a written objection the claim is reduced to CHF 780 for the re-cleaning and a share of the painting costs.
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Frequently asked questions about List of Defects (Mängelliste)
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