For your termination to be legally valid, it must:
With Orion legal protection insurance, you are always on the safe side.
In Switzerland, the statutory notice period for terminating an apartment is three months – notice is given of a valid termination date. These two terms often cause confusion, but they mean different things:
Take a look at your rental agreement: if there are special deadlines or termination dates, these apply. In the absence of such information, the customary termination dates of your commune apply. In any case, the deadline remains the statutory three months.
Example: You would like to move out of the apartment on April 30. In this case, your notice of termination must reach the landlord by January 31 at the latest.
Attention: In many places, December 31 is not one of the usual local dates because no handovers can take place around the turn of the year.
Submit your notice of termination in a timely and verifiable manner:
In the event of a dispute, you can then prove that the notice of termination was given in due time.
A clearly worded letter of termination helps to avoid misunderstandings. If you do not have a template to hand, you can use this official sample from the tenants' association, for example.
Terminate rental agreement on an earlier date
If you wish to move out earlier without continuing to pay rent, you must propose a suitable new tenant.
This person must be:
If this is successful, your payment obligation ends. Otherwise, you must continue to pay the rent until the next ordinary termination date.
Terminating a fixed-term rental agreement
Fixed-term rental agreements end automatically on the date agreed in the contract. Ordinary termination is not necessary – and often not even possible.
Premature termination of the agreement is only permissible:
You should therefore check the conditions of your agreement carefully or seek legal advice if you want to leave the tenancy prematurely.
Terminating a rental agreement in the event of death
If the tenant dies, the heirs take over the tenancy. You have the right to terminate this with the statutory notice period of three months to the next possible statutory date.
Good to know: Notice of termination must be given within one month of knowledge of the death – by all beneficiaries jointly.
Terminating a rental agreement when several people are affected
There are also special requirements for landlords to be able to terminate the tenancy agreement. Termination by the landlord must not be improper. The most important requirements are set out in the Swiss Code of Obligations, in particular Art. 271 et seq.
Formal requirements
Tenants have the right:
Further information on termination by landlords can be found at the Swiss Homeowners' Association: HEV guide to termination.
Whether as a tenant or landlord: It is important that you know your rights and obligations. it is worth seeking legal support at an early stage, especially in cases of uncertainty.
Orion legal protection insurance supports you in this:
The notice of termination must be in writing and signed by all main tenants. It is best to send it by registered mail or have receipt confirmed.
As a rule, a period of three months applies to a date customary for the locality. Check your rental agreement or the customary local dates. If there is no date customary for the locality, termination is possible at the end of a three-month period.
If there is no reason for extraordinary termination, you must provide a solvent and reasonable new tenant. Otherwise, you must continue to pay the rent until the next possible date.
The new tenant must be willing to take over the agreement on the same terms and be solvent.
Fixed-term agreements end automatically on the agreed date. Premature termination is only possible by mutual agreement or by providing a reasonable new tenant.
If the tenant dies, his heirs may terminate the lease with the statutory notice period to the next statutory date.
All main tenants must give notice together. When individual tenants move out, the consent of all tenants and the landlord is usually required.
Both partners must terminate together if both are in the agreement.
The landlord may terminate the lease provided the termination is not improper (Art. 271 Swiss Code of Obligations).
Notice of termination must be given in writing and on an official form. Notice of termination by the landlord must be served separately on the tenant and his or her spouse or registered partner.
In the event of serious defects, unacceptable conditions, default of payment or gross breaches of contract. In other words: if the continuation of the tenancy is unacceptable.
Termination of the tenancy agreement without notice is only possible under very special circumstances.
The termination shall take effect on the next possible date.
Yes, a termination can always be contested with the arbitration authority within 30 days.
Name and address of both parties, date, rental property, desired termination date, signatures of all tenants, new address if applicable.
Yes. For example, from the tenants' association: Sample letter of termination.
Termination is permitted without cause, but must not be improper, in accordance with Art. 271a Swiss Code of Obligations.
A minimum notice period of three months applies to apartments and six months for commercial premises. Contractual deadlines may not be shorter than the statutory deadlines.
The landlord must give notice of termination in writing and on an official form. In the case of family apartments, both partners must be contacted separately.
The notice of termination must be sent to both partners individually using an official form, regardless of who is named in the agreement.
In the event of serious breaches of duty, late payment of rent due, bankruptcy of the tenant without security provided, or willful damage to the apartment.
Send a written request for payment with at least 30 days' notice and draw attention to the possibility of termination. The agreement can only be terminated after a 30-day notice period has elapsed.
Personal use must be plausibly justified and can be claimed for yourself, close relatives or in-laws.
Orion supports you with legal advice and, if necessary, with legal representation in the event of a dispute.
Landlord legal protection covers the costs of advice, mediation and legal support in the event of legal conflicts relating to the tenancy.
Yes, landlord's legal protection also covers legal disputes regarding utility cost invoices and rental defects.
