Finding a new tenant: how to look for a suitable new tenant

1. Can I give notice early with a new tenant?

As a tenant, you can only terminate the rental agreement for your apartment as of the regular contractual termination date. Either the termination date is laid down in the rental agreement or the standard local dates apply (normally the end of March, end of June and end of September). Make sure that you hand in your notice for the lease on time. Typically, the notice period is three months.

In addition to the regular contractual termination date, it is also possible to move out of your rental apartment before the standard termination date. In this case, however, you are obliged by law to provide the landlord with a new tenant. Otherwise, you’ll have to continue to pay the rent until the next regular termination date.

It’s worthwhile informing the landlord at an early stage

Inform your landlord in good time by registered letter of your early termination. Mention in your letter that you’re looking for a new tenant to take over the apartment. Comparis provides a letter template (in German). Copy the letter and keep the copy and the postal receipt of the registered letter.

If you live in a popular region, the landlord may keep a waiting list of potential tenants. In this case, you can save yourself the trouble of looking for a new tenant and sign a termination agreement directly with the landlord. Otherwise, you’re responsible for seeking a new tenant, arranging viewings etc.

2. How do I find a new tenant?

As a first step, look for potential new tenants among your friends and acquaintances. Also use social media to find a new tenant. Ask people to share your post. That way, you’ll reach as many prospective tenants as possible.

You can also list your apartment online on property portals. Make sure that the listing contains all the important information (address, number of rooms, year of construction, living space, information about a garage or washing machine). Include good photos in your listing. To do this, photograph your apartment in natural light and try out different angles.

3. What requirements does the new tenant have to meet?

By law, a new tenant has to be financially solvent and a reasonable choice.

What does solvency mean?

Generally speaking, the rent should not be more than one third of the new tenant’s net income. The tenant should have no significant debts, pending debt enforcement proceedings or loss certificates in the extract from the debt enforcement register (not available in English).

As a rule, landlords will require the new tenant to provide an extract from the debt enforcement register. Include this form with the prospective tenant’s application and send the letter to your landlord by registered post. You can obtain the form from the tenants’ association or from the property manager of your apartment.

In this case as well, keep copies of the documents and the postal receipt. That way, you can prove that you provided the landlord promptly with information and documentation in the event of a legal dispute. Also inform your landlord about the time at which the new tenant would like to take over the apartment.

What does a reasonable choice of tenant mean?

The landlord may reject unreasonable prospective tenants. “Unreasonable” means, for example, a single person for an apartment which is explicitly let as a family home, a large family for an apartment that is too small or individuals without a long-term residence permit for Switzerland.

Keep in mind: you can also terminate a tenancy early and provide a new tenant if you are a sub-tenant (for example in an apartment share). In that case, however, the standards for what is considered reasonable are somewhat higher. The remaining tenants are also entitled to reject a proposed candidate, including on interpersonal grounds.

How many prospective tenants do I have to put forward?

By law, you only have to propose a single new tenant. This person must be prepared to take over the apartment under the same terms and conditions as before. However, if the person pulls out shortly before the agreement is signed, the search has to start again from scratch. For this reason, it’s best to present several candidates to your landlord. You are only released from your obligations as a tenant after the new tenant signs the agreement.

Put forward new tenants as early as possible. The landlord can take up to 30 days to review the proposed replacements. If the landlord does not respond within this time period, you are released from the contract on the day on which the new tenant would have taken over the apartment.

4. Can the landlord reject prospective tenants?

The landlord is entitled to reject a prospective tenant. However, if a financially solvent and reasonable person is rejected, you are released from your contractual obligations. This applies from the time at which the person would have taken over the apartment.

The same is also true if the landlord wants to renovate the apartment, demands a higher rent or wishes to use the apartment for themselves. In this case, ask the landlord after around 10 days for written confirmation that you are released from the contract. A template for this kind of letter (in German) is available from the tenants’ association.

5. What happens if I don’t find a new tenant?

If you can’t find a new tenant, you are obliged to pay the rent and all the other costs until the next standard termination date.

The landlord may possibly be persuaded to waive some of the costs. This may be the case, for example, if the apartment is about to be renovated and it suits the landlord to have the apartment empty.

6. Checklist: how to find a new tenant

• Inform your landlord as early as possible by registered letter of your early termination.

• Make a copy of the letter and keep the postal receipt.

• Search for a new tenant: use word of mouth, social media or online marketplaces.

• Arrange viewings for prospective tenants.

• Ask all interested tenants to complete an application form for prospective tenants (in German).

• Send the forms by registered post with extracts from the debt enforcement register if available.

• Make a copy of the letter and keep the postal receipt.

• If the prospective tenant is rejected: ask the person you proposed to confirm that they would have taken over the apartment on the agreed date under the same contractual terms. Ask the property manager to confirm the rejection.

• Ask the landlord for written confirmation that you are released from the contract. Here you can find a template for your letter (in German).

• Depending on the answer, keep looking or get help – such as from the local tenants’ association (in German).