Cannabis and Tenancy Law in Switzerland
Smoking or growing cannabis in a rental involves two legal levels: NarcA (criminal) and CO (tenancy). Both can lead to termination.
Smoking in apartment: no absolute ban, but duty of consideration (CO 257f). Neighbor complaints → warning. CBD: legal, smell remains. Growing: THC illegal (NarcA) + contract violation. CBD (<1 %): legal, but landlord can prohibit grow tent.
Smoking in a rental apartment
Legal: no absolute ban, but tenant has duty of care (CO 257f).
Practice: cannabis smell often reaches neighbors → complaints → warning.
Cannabis growing in rental
THC growing without authorization: crime (NarcA Art. 19). Contract violation, extraordinary termination possible.
CBD growing (<1 %): legal, but lease often has clause 'no commercial use'.
Termination risks
Extraordinary (CO 257f para. 3, 30 days): only serious violation.
Ordinary: always possible, contestable if abusive (CO 271).
Handling complaints
Recommendation: vaporizer (less smell), ventilation/carbon filter, considerate timing.
In conflict: contact tenants' association.
FAQ
Can I smoke cannabis in my rental?
In principle yes, but duty of consideration. Neighbor complaints can lead to termination.
CBD on balcony?
Legal (<1 % THC), but lease often restrictive.
Immediate termination possible?
Only serious violation (THC growing, police intervention, repeat complaints).