Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ Where the ten­ant of res­id­en­tial or com­mer­cial premises fur­nishes se­cur­ity in the form of cash or ne­go­ti­able se­cur­it­ies, the land­lord must de­pos­it it in a bank sav­ings or de­pos­it ac­count in the ten­ant’s name.

² In res­id­en­tial leases, the land­lord is not en­titled to ask for more than three months’ rent by way of se­cur­ity.

³ The bank may re­lease such se­cur­ity only with the con­sent of both parties or in com­pli­ance with a fi­nal pay­ment or­der or fi­nal de­cision of the court. On ex­piry of one year fol­low­ing the end of the lease, the ten­ant or less­ee may re­quest that the se­cur­ity be re­turned to him by the bank if no claim has been brought against him by the land­lord or lessor.

⁴ The can­tons may en­act fur­ther pro­vi­sions.