Terminating rental agreement: letter template and info
Found a new apartment? If so, you’ll need to terminate your current rental agreement. Find out what you need to know.
21.05.2024
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1. Giving notice for your apartment: downloadable letter template
You have to cancel your rental agreement in writing. This also applies to rental agreements that were entered into verbally.
You can do this one of two ways:
You cancel on time
You cancel after the contractually agreed time.
When giving notice on time, you can use this template:
How do I properly terminate the lease on my apartment?
Your termination letter must be signed by all parties to the tenancy. You should send your termination as a registered letter.
Alternatively, you can also hand in your notice in person. Make sure you receive confirmation of this, including the date.
Good to know: in the case of married couples and registered partnerships, both parties must always sign the termination notice.
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2. What notice periods apply when terminating a regular rental agreement?
Have a look at your rental contract. It usually specifies exact notice periods. If nothing is specified, the local official moving dates apply.
Apartments and houses have a notice period of at least three months according to the law.
It’s important your notice of termination reaches the landlord by the business day before the termination deadline.
3. Cancelling after the contractually agreed time: what should I be aware of?
Are you terminating your contract outside of the stipulated time or did you fail to meet the cancellation deadline? In principle, you are still able to cancel your tenancy.
There is a condition, however: you must find a suitable tenant to take over the tenancy.
Inform your landlord in writing that you are moving out and are looking for a new tenant.
If you can’t find a tenant, you must continue to pay the rent up to the next termination date stipulated in your rental agreement.
What requirements does the replacement tenant have to meet?
According to the law (Art. 264 para. 1 of the Swiss Code of Obligations), the subsequent tenant must be “reasonable”.
“Reasonable” means that the new tenant must be:
Solvent
Prepared to take over the lease under the same conditions
Make sure the new tenant confirms that they want to take over the new apartment as of an agreed-upon date. The landlord does not have to accept the reasonable tenants you suggest. However, in this case you are exempt from paying rent as of when they would theoretically take over the apartment.
Good to know: Does the landlord want to raise the rent or otherwise adjust the rental conditions and the replacement tenant backs out because of it?
If so, you are still released from your contractual obligations. This means you are not obliged to continue paying rent after the theoretical handover date.
Make sure to obtain confirmation that the landlord releases you from your rental agreement.
4. Terminating a lease: special cases
Fixed-term rental agreement
A fixed-term rental agreement ends on the agreed-upon date. No termination is necessary (Art. 266 para. 1 of the Swiss Code of Obligations). The lease can only be cancelled before the agreed-upon duration if it is stipulated in the rental agreement.
Good to know: if a fixed-term tenancy is continued by tacit agreement, it converts into an indefinite tenancy.
Termination upon death of the tenant
The lease continues after the death of the tenant. The tenant's heirs automatically become the new tenants.
They may cancel the lease on the next official moving date. This must happen within two weeks of the death. Otherwise, the contractually agreed notice periods apply.
Note: all heirs must jointly terminate the rental agreement.
This article was first published on 14.04.2023
