Letting a flat: setting the rent correctly (Basel-Landschaft 2026)
A rent that is too high produces vacancies and challenges; one that is too low gives away money every month. Swiss tenancy law sets guardrails, the market sets limits – and in the Baselbiet the market is tight in 2026: the vacancy rate is 0.6 %. This guide shows how to calculate the initial rent properly.
In brief
- The rent must not produce an excessive yield: permissible net yield = reference interest rate + 2 % (Federal Supreme Court)
- Reference interest rate currently 1.25 % (as of September 2026)
- Alternatively: comparative rents customary for the locality and neighbourhood
- Basel-Landschaft has no mandatory form – document the calculation anyway
- Tenants can challenge the initial rent within 30 days
The legal guardrails
Under Art. 269 of the Swiss Code of Obligations, a rent is abusive if it yields an excessive return or is based on a clearly excessive purchase price. A rent that yields an appropriate net return or lies within the range of rents customary for the locality and neighbourhood is permissible. Both routes are open to the landlord.
Net yield: reference rate + 2 %
In 2020 the Federal Supreme Court redefined the permissible net yield on the equity invested: reference interest rate plus 2 percentage points, as long as the reference rate is below 2 %. At a reference rate of 1.25 % that is a 3.25 % net yield on equity – in addition to the interest on borrowed capital and the operating and maintenance costs. The equity may be adjusted 100 % for inflation.
Flat bought for CHF 600,000, of which CHF 200,000 equity, CHF 400,000 mortgage at 1.7 %. Permissible annual income: return on equity 3.25 % × 200,000 = 6,500 + mortgage interest 6,800 + maintenance/operation/administration/reserves around 1 % = 6,000 → around CHF 19,300 per year = approx. CHF 1,600 net rent per month. If the market rent is higher, the comparative rent route should be examined.
Customary for the locality and neighbourhood
Alternatively, the rent may correspond to the rents of comparable flats in the neighbourhood. The bar is high: at least five comparable properties with similar location, size, fittings, condition and construction period are needed. In practice we rely on both methods and document the calculation.
Agreeing service charges correctly
- Service charges may only be charged if they are listed in the contract expressly and individually (heating, hot water, caretaker, communal electricity, refuse…)
- On account: annual statement based on actual costs – transparent, but work
- Flat rate: fixed amount, no statement – must correspond to the average costs of the last three years
- Not permissible as service charges: maintenance, repairs, building insurance, administration
Mandatory form in Basel-Landschaft?
Some cantons (e.g. Basel-Stadt, Zurich, Geneva) require an official form disclosing the previous rent to the new tenant. Basel-Landschaft has no mandatory form. We nevertheless document the rent calculation properly – so it can be substantiated in the event of a challenge.
Challenging the initial rent
The tenant can challenge the initial rent before the conciliation authority within 30 days of taking over the flat if they felt compelled to sign the contract due to housing shortage or if the rent was significantly increased compared with the previous tenant. With a documented yield calculation or comparative rents you are on the safe side.
How we proceed
- Comparative rents from the region and yield calculation – both in writing
- Set the rent so that it is in line with the market and lets quickly
- Service charges correctly in the contract – on account or flat rate
- Tenancy agreement under the Code of Obligations, deposit max. three months’ rent in a blocked account
- Fee: one month’s rent – only on success
Questions on this topic.
May I increase the rent when the tenant changes?
Yes, within the permissible yield or the comparative rents.
- A significant increase raises the risk of a challenge
- Value-adding investments justify an increase – keep the receipts
What happens if the reference interest rate falls?
Existing tenants are entitled to a reduction if the rent is based on a higher reference rate.
- Per 0.25 percentage point reduction approx. 2.9 % lower rent (with a reference rate below 5 %)
- The landlord can offset inflation and cost increases
How high may the deposit be?
At most three months’ rent (Art. 257e CO), in a blocked account in the tenant’s name.
Flat vacant?
We calculate the rent, find the tenant and draw up the contract – one month’s rent, only on success.
Let’s talk about your property.
Call or write to us – reply within 24 hours.
ImmoBilà GmbH · Schneckelerstrasse 1, 4414 Füllinsdorf
info@immobila.swiss · Mon–Fri 8:00–12:00, 13:30–17:30