Finding a new tenant – here's how it’s done

Can I give notice early if I have found a replacement tenant?

As a tenant, you can only terminate the tenancy agreement on your apartment as of the agreed termination date. Either the termination date is laid down in the tenancy agreement or the statutory local dates apply (normally the end of March, end of June and end of September). Make sure that you hand in your notice on time. The period of notice is usually three months.

If you cannot observe the statutory notice period, it is also possible to end your tenancy early. In this case, however, you are obliged by law to provide the landlord with a new tenant. Otherwise, you will bear the financial consequences of moving out early.

Inform your landlord in good time of your early termination, by registered post. Mention in your letter that you are looking for a replacement. Comparis has created a letter template that you can use (in German – switch the language of this article to find French/Italian). Make a copy of the letter and keep it together with the registered post receipt.

The earlier the better: if you live in a popular area, the landlord may keep a waiting list of potential tenants. In this case, you can save yourself the trouble of looking for a replacement and sign a termination agreement directly with the landlord. Otherwise, however, it is the responsibility of the tenant who is moving out early to seek a replacement, arrange viewings etc.

How do I find a replacement tenant?

The first thing you can do is see if any of your friends and acquaintances would be interested in your apartment.

You can also use social media to find a suitable replacement. Ask people to share your post. That way, you will reach as many potential replacement tenants as possible.

You can also advertise your apartment online on property portals. In most cases, however, you have to pay for this. Make sure that the advertisement contains all the key information (address, number of rooms, year of construction, living space, parking and availability of a washing machine). Don’t forget to include good-quality photos. For this purpose, photograph your apartment in natural light and try out different angles.

What requirements does the replacement tenant have to meet?

Solvency and suitability

By law, a replacement tenant has to be suitable and financially solvent.

Solvency: a general rule of thumb is that 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 (in German, French and Italian only).

As a rule, landlords will require the new tenant to provide an extract from the debt enforcement register. Include this extract with the prospective tenant’s application form and send the letter to your landlord by registered post. You can find the form online in German on the tenants’ association website or you can obtain one from your property management company. Again, keep copies of the documents and the proof of postage receipt. That way, you can prove that you provided the landlord with the required information and documentation on time in the event of a legal dispute. You should also let your landlord know when the new tenant would like to take over the apartment.

Suitability: the landlord is entitled to reject an unsuitable replacement tenant. Examples of “unsuitable” tenants are 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 anyone without a long-term residence permit for Switzerland.

Note that you can also end a tenancy early and provide a substitute tenant if you are a sub-tenant (for example in an apartment share). In that case, however, the suitability criteria are somewhat stricter: the other tenants are also entitled to reject a proposed candidate, for interpersonal reasons.

How many replacement tenants do I have to put forward?

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

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

Can the landlord reject replacement tenants?

The landlord is entitled to reject a replacement tenant. However, if that tenant is financially solvent and suitable, you are released from your contractual obligations. This applies from the time at which the person would have taken over the apartment. The same applies if the landlord wants to renovate the apartment, demands a higher rent or wishes to use the apartment themselves. In this case, after around ten days, ask the landlord for written confirmation that you are released from the contract. A template for a letter of this kind is available from the tenants’ association (in German only).

If you cannot find any new tenants or your proposed tenants are justifiably rejected, you have to pay your rent until the next statutory termination date or the date agreed in your contract.

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 arising until the next statutory termination date. The landlord may be persuaded to waive some of the costs, especially if, for example, the apartment is about to be refurbished and it suits the landlord to have the apartment empty.

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 proof of postage receipt.

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

• Arrange viewings for prospective tenants.

• Ask all interested tenants to complete a replacement tenant’s application form (in German only).

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

• Make a copy of the letter and keep the proof of postage 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 management company to confirm the rejection.

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

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

Found a new tenant? For more helpful tips and checklists for your move, take a look at the Comparis moving guide.