Notice of termination by the landlord
To serve notice of termination, the landlord must use a form approved by the canton. If you as a tenant receive a notice of termination, you can contest it or petition for an extension of the term of tenancy.
This must absolutely take place within 30 days after receipt of the notice of termination.
Contesting notice of termination
You can successfully contest a notice of termination if it is determined to be unreasonable or was issued only as a harassment. This includes:
- the desire to force a change in the contractual terms to the tenant's disadvantage
- notice of termination because of a change in family circumstances which would result in no damages to the landlord
- putting pressure on the tenant so that he purchases the apartment, etc.
If your are successful in contesting the issue, the notice of termination is cancelled.
Extension of tenancy
Even if a notice of termination is done properly, the conciliation authorities can grant an extension of the tenancy (extension of the notice period). This can be the case, above all, if the notice of termination results in considerable hardship for the tenant. For example:
- if financial circumstances require you to find an inexpensive apartment
- if because of the tenant's advanced age it is difficult to find an equivalent replacement
- if a move represents a hardship because of the long term of tenancy and the tenant's deep roots in the neighbourhood, etc.
Breach of contract by the tenant
If, despite written warnings from the landlord, a tenant violates his duty for care and consideration or does not pay the rent, continuation of the rental relationship is not acceptable and an extension of it is ruled out.
In such cases, the landlord can serve notice of termination after a warning period of 30 days and a further notice period of 30 days.