Ending a tenancy: template and info
Found a new apartment? If so, you’ll need to give notice on your old one. Find out important information about ending a tenancy in Switzerland here.
14.04.2023
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1. Lease termination letter: template for download
You have to cancel your rental agreement in writing. This also applies to rental agreements that were entered into verbally. In Switzerland, there are several “official moving dates” throughout the year. You can cancel your lease before one of these dates, or at any other time. You do not have to provide a reason for leaving.
You can use this template to terminate your lease:
How do I properly terminate the lease on my apartment?
The termination letter must be signed by all parties to the tenancy. You should send the 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 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. For apartments and houses, there is a notice period of at least three months according to the law.
It is important that the notice of termination reaches the landlord by the business day before the termination deadline.
3. Early termination: what you need to know
Are you terminating your lease early, or did you miss the termination deadline? In this case, you can suggest a new tenant to the landlord. By doing so, you are released from your contractual obligations (Art. 264 para. 1 OR). Inform your landlord that you are moving out and are looking for a new tenant.
If no reasonable tenant is presented, the tenant is liable to pay the rent up to the termination date stipulated in the agreement.
What requirements does the replacement tenant have to meet?
“Reasonable” means that the new tenant must be
solvent
prepared to take over the lease under the same conditions
In theory, one reasonable tenant should suffice. 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 the theoretical takeover date.
Good to know: does the landlord want to raise the rent and the new tenant backs out because of it? In this case, you are not obliged to continue paying rent after the theoretical takeover date. Make sure to obtain confirmation that the landlord releases you from your rental agreement.
4. Terminating a lease: special cases
Temporary rental agreement
A fixed-term rental agreement ends on the agreed-upon date. No termination is necessary (Art. 266 Para. 1 OR). 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 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.
Important: the heirs must jointly terminate the rental agreement.
