Clearing a flat when moving into a care home: checklist

Anyone moving into a nursing home, retirement home or supported flat must deal with many things at once: terminating the tenancy, furnishing the room, changing post and contracts, and arranging the costs. This article explains a sensible order and the legal requirements. It applies to the Canton of Zurich. Federal law applies throughout Switzerland. The position regarding the municipality, home and supplementary benefits may differ in other cantons.

The timetable: from securing a place to handing over the flat

Moving into a care home and the end of the tenancy rarely fall on the same day. The tenancy continues after the move. Anyone who does not comply with the notice period owes rent until the tenancy ends, unless a reasonable replacement tenant takes over (Art. 264 of the Swiss Code of Obligations (OR)). You should therefore plan backwards from the end of the tenancy.

First establish who may act for the person. Then read the tenancy agreement, give notice, clarify supplementary benefits and inspect the flat’s contents. Only then should items be sold, given away, disposed of and cleared, in good time before the handover.

Care home checklist: flat and household

• Find the advance care mandate, advance directive and powers of attorney, and prepare copies.
• Read the agreement with the home and ask what accommodation, meals and support cost.
• Check the tenancy agreement: contracting party, notice period, termination dates and rent deposit. Send written notice by registered post. For a family home, the spouse must also sign.
• Clarify entitlement to supplementary benefits before assets change hands.
• Seek advice early if the person owns their home.
• Ask the home which personal items of furniture are allowed and how large the room is. Then list what will go into the room.
• Walk through the property with the family. Search carefully for money, jewellery, documents and keepsakes.
• Prepare for sale, donation and disposal. Contact charity shops (Brockenhäuser) early.
• Arrange mail forwarding and report the new address.
• Arrange the handover with the landlord, have the meter readings taken and return the keys.

Who may decide if the person no longer has capacity

As long as the person has capacity, they decide for themselves about the flat, furniture and assets. A person has capacity if they can act rationally (Art. 16 of the Swiss Civil Code (ZGB)). A person who lacks capacity cannot create legal effect through their actions (Art. 18 ZGB). Their signature on an agreement for sale or clearance is then not sufficient. Read more in the glossary under capacity.

The family does not automatically act for a person who can no longer decide for themselves. The law provides three routes:

• Advance care mandate. The person previously appointed someone to represent them. The mandate must be handwritten or executed as a public deed (Art. 361 ZGB). The child and adult protection authority (KESB) reviews it once the person has lost capacity and gives the appointed person a certificate setting out their powers (Art. 363 ZGB). Read more in the glossary under advance care mandate.
• Spouse’s statutory right of representation. A spouse or registered partner who lives with the person in the same household or provides regular personal assistance may act within limited bounds if there is neither an advance care mandate nor a suitable deputyship. This right covers normal maintenance, the ordinary administration of income and other assets, and opening post where necessary. Extraordinary administration of assets requires the KESB’s consent (Art. 374 ZGB). This article does not expressly mention terminating the tenancy or clearing the household. Ask the KESB beforehand.
• Deputyship. If nobody is authorised, the KESB orders a deputyship (Art. 390 ZGB). A deputy requires the KESB’s consent to clear the household and terminate the tenancy (Art. 416 para. 1 no. 1 ZGB). Read more in the glossary under deputyship and child and adult protection authority (KESB).

The municipalities organise the KESB in the Canton of Zurich. Its locations are listed on the canton’s website.

A separate order of representation applies to medical measures and the care agreement with the home. First comes the person named in an advance directive or advance care mandate, followed by a deputy, the spouse, a person in the household, descendants, parents and siblings (Art. 378 and Art. 382 para. 3 ZGB). Different rules of representation apply to the flat and household contents.

What goes into the room

The size of the room determines the choice of furniture. According to the Health Directorate’s brochure, nursing homes operating under a service mandate from the municipality offer single and shared rooms. Before packing, ask the home: How large is the room, what is already provided, and which personal items of furniture are allowed?

Select the items in this order:

1. Everyday items first: a bed or bed linen, a comfortable armchair, clothes for the season, glasses, hearing aid and medication list.
2. Then personal items: photographs, a picture, the clock and a familiar object.
3. Finally, uncertain items: anything that cannot be clearly assigned should be kept out of the clearance for the time being, until the person has settled into the room.

The person concerned should take part in the selection as far as they are able. For the care agreement with the home, the law requires their wishes to be considered as far as possible (Art. 382 para. 2 ZGB). This is also a useful standard for the furniture.

Terminating a residential tenancy

Either party may terminate a residential tenancy with three months’ notice to a customary local termination date. If there is no local custom, the tenancy ends at the end of a three-month rental period (Art. 266c OR). The tenancy agreement may provide for a longer notice period or a different date (Art. 266a para. 1 OR). If the notice period or date is missed, notice takes effect on the next possible date (Art. 266a para. 2 OR).

Notice must be given in writing (Art. 266l para. 1 OR). The Tenants’ Association recommends a registered letter. According to its guidance, the relevant day for the notice period is when the letter reaches the landlord or is ready for collection. You can obtain the customary local termination dates from the conciliation authority in your district.

For a family home, one spouse may terminate the tenancy only with the other’s express consent. The same applies by analogy to a registered partnership (Art. 266m OR). If only one person moves into the home and the other remains in the flat, there is often no need to give notice.

Leaving earlier: replacement tenant or agreement

A move into a care home often takes place before the next termination date. Anyone who does not comply with the notice period is released from their obligations only if they propose a new tenant who is reasonable for the landlord. That person must be solvent and willing to take over the agreement on the same terms. Otherwise, rent remains due until the next possible end date (Art. 264 OR). Based on the Tenants’ Association’s practice, it is worth proposing several interested parties early because, depending on the circumstances, the landlord has 14 to 30 days to assess them.

The law may allow termination at any time for good cause (Art. 266g OR). The Tenants’ Association notes that the requirements are exceptionally strict. The law does not say whether moving into a care home is sufficient. A discussion with the landlord about an agreed solution is therefore often the first step.

Handover

The flat must be returned in the condition resulting from use in accordance with the agreement (Art. 267 OR). The landlord must inspect it on return and report defects immediately (Art. 267a OR). The bank releases the rent deposit only with both parties’ consent or on the basis of a judgment. After one year without a claim from the landlord, the tenant may request its return (Art. 257e para. 3 OR). The article Handing over a flat: “broom-clean” in Switzerland explains the handover process.

Owner-occupied property

If the person owns the flat or house, there is no tenancy to terminate. A contract to buy land requires execution as a public deed (Art. 216 OR). If a deputy acts, they need the KESB’s consent to acquire or sell land (Art. 416 para. 1 no. 4 ZGB). For supplementary benefits, an owner-occupied property is excluded from the asset threshold. For the calculation of asset depletion, only the portion of its value above an allowance is counted (Art. 9a and Art. 11 para. 1 let. c of the Federal Act on Supplementary Benefits (ELG)). Before selling or letting the property, clarify with the supplementary benefits office how it will be assessed after the move into the home.

Assets, supplementary benefits and gifts

Supplementary benefits help if pension income and assets do not cover the care home costs. The law recognises the home’s daily charge as an expense, although the cantons may limit the costs taken into account (Art. 10 para. 2 ELG). In the Canton of Zurich, apply to the responsible office in the municipality of residence or to SVA Zurich. Even if the person moves to a home in another canton, the previous canton remains responsible (Art. 21 para. 1bis ELG).

Assets are taken into account in two ways. Anyone whose assets exceed the statutory threshold does not receive supplementary benefits (Art. 9a ELG). Below that threshold, part of the assets exceeding an allowance is counted as income each year. The cantons may increase this rate of asset depletion for care home residents, up to a maximum of one fifth (Art. 11 para. 1 let. c and para. 2 ELG). The Act states the amounts in francs. They are adjusted. Ask the responsible office for the current figures.

Gifts require particular care. Assets that someone has given up without a legal obligation and without receiving equivalent consideration are counted as income as though they had never been given up. Assets are also deemed to have been given up if certain annual limits on expenditure from assets are exceeded without good cause (Art. 11a ELG). Such assets also count towards the asset threshold (Art. 9a para. 3 ELG). Anyone intending to give away money, transfer a house or make an advance against inheritance before moving into a care home should discuss this beforehand with the municipality, SVA Zurich or an advisory service for older people. Pro Senectute is a charitable organisation supporting older people. The federal government may provide such organisations with financial support for advising and assisting older people (Art. 101bis of the Federal Old-Age and Survivors’ Insurance Act (AHVG)).

Anyone who needs help with dressing, personal care or other everyday activities may apply for an helplessness allowance (Hilflosenentschädigung). According to the Zurich Health Directorate’s brochure, the home may not collect it as a lump sum.

Post, addresses and contracts

Swiss Post can forward items for a specified period. This helps prevent bills and official correspondence from going astray. According to the Health Directorate’s brochure, nursing homes also support their residents in handling post and parcels.

The bank, compensation office, doctors, health insurer, other insurers, newspaper publishers and clubs need the new address. Electricity, gas and water suppliers take the meter readings. Also tell the telephone and internet provider about the move (ch.ch). Anyone receiving a pension should inform the cantonal OASI compensation office.

Whether the person deregisters from the municipality of residence depends on their place of residence. Ask the residents’ registration office if the home is in another municipality. If the person has an appointee under an advance care mandate, the appointee presents the KESB certificate to these bodies as proof of authority (Art. 363 ZGB).

Put identity documents, the tenancy agreement, the agreement with the home, insurance policies, the advance care mandate, advance directive and tax documents in one folder. You can have an advance directive and the place where it is deposited recorded on the health insurance card (Art. 371 para. 2 ZGB). The article Keeping or destroying documents explains what you may retain and destroy.

What is sold, given away or disposed of

A sensible order is: family first, then sale or donation, and disposal last. Before parting with anything, the person concerned or their authorised representative should have agreed.

• Family. Walk through the property together. Mark the items people want with labels. If several people want the same item, agree together.
• Sale. Furniture in good condition, jewellery, watches, pictures and collections often have a value that is not visible from the outside. The proceeds form part of the person’s assets and count for supplementary benefits. Read more under What really has value in an estate and How value offsets work. A sale concluded personally by someone who lacks capacity has no legal effect (Art. 18 ZGB).
• Donation. Some charity shops collect furniture and clothes in good condition. ch.ch recommends making enquiries early.
• Disposal. Your municipality’s rules apply to bulky waste, electrical appliances and hazardous waste. The article Waste disposal in the Canton of Zurich explains where each type belongs.

Check bags, books and clothes before disposing of them. Cash, jewellery and letters are often found in unexpected places.

Who bears the costs

Distinguish between the costs of the home and those of the flat.

The home. Health insurance contributes to the cost of care services in the home. The insured person must pay no more than 20 per cent of the highest care contribution themselves, and the cantons regulate the remaining financing (Art. 25a of the Federal Health Insurance Act (KVG)). In the Canton of Zurich, the municipality covers the unfunded care costs within the statutory provisions. According to the Health Directorate’s brochure, residents bear the full cost of accommodation, meals and support unless the municipality voluntarily reduces these charges. The home’s invoice must show care separately from accommodation, meals and support. The brochure dates from February 2021. Check the amounts and shares with the home and municipality.

The flat. Rent continues until the tenancy ends. Clearance, disposal and handover incur additional costs. Before signing, clarify in whose name you are placing the order and from whose assets it will be paid. Anyone acting for the person must be able to account for their actions. For an advance care mandate, the KESB may require an inventory or periodic accounts (Art. 368 ZGB). You should therefore keep quotations, invoices and receipts.

Whether an organisation covers moving or clearance costs depends on the individual case. Moving and clearance are not listed among the sickness and disability costs reimbursed by the cantons under Art. 14 ELG. Even so, ask the municipality before signing an order.

When a clearance company is useful

Anyone with enough time and helpers can clear the property themselves. A company may be worthwhile if there are many household contents to move, the flat is upstairs without a lift, the family lives far away or little time remains before the handover.

You can identify a fair quotation by these points:

• The company inspects the property before stating a price, or works from photographs subject to a clear reservation.
• The written quotation states which services are included and excluded, as well as the evidence of disposal.
• Any purchase of furniture and other items is listed individually and clearly in the quotation.
• The company does not press for a signature or ask a person who no longer has capacity to enter into an agreement.

The article Recognising a clearance company: warning signs provides further guidance. What does clearing a flat in Zurich cost? explains the cost factors in the Canton of Zurich. Information about our service is available under Household clearance.

This article provides a general overview of the legal position and is not a substitute for legal advice on an individual case. The KESB, municipality, SVA Zurich or an advisory service is responsible for your case.