Terminating a rental contract: what to do when terminating a tenancy

How and when do I terminate a rental contract properly?

Notice of termination must be made in writing and signed personally by all contracting parties. The notice of termination must be received by the management company no later than the last day before the start of the notice period (for business transactions during business hours).

For reasons of proof, we recommend sending the notice of termination by registered post. It shall be deemed to have been received by the addressee on the day it is delivered or the day on which it can first be collected at the post office.

Termination for families, cohabiting couples and flat shares 

If several people are renting an apartment together, for example as a married couple, cohabiting couple or in a flat share, one party can move out at any time. However, they will continue to be jointly and severally liable for the obligations arising from the jointly signed rental contract.

Renting together, terminating together

An apartment rented jointly by several people can only be terminated jointly. Termination by a single tenant is null and void and has no legal effect. 

Notice of termination on a family home occupied by a married couple must always be signed by both spouses, even if only one spouse signed the rental contract (Art. 266m Swiss Code of Obligations (CO)). This rule also applies to registered partnerships.

Terminating a tenancy: permanent or fixed-term contract

A basic distinction is made between fixed-term and permanent rental contracts. 

• Permanent contract: If you have not agreed otherwise (in writing) with your management company, the contract is for an indefinite period and may be terminated by either party in compliance with the statutory notice periods and deadlines. 
   
• Fixed-term contract: If the rental period is specified in the rental contract, this is a fixed-term agreement.

Termination with notice

Ordinary termination with notice can always be given by both parties: both the landlord and the tenant. Both parties must adhere to the statutory or the minimum period stipulated in the rental contract. Generally speaking, notice periods may be extended but not reduced.

Landlords can give notice for various reasons. You can find all the information you need about terminations issued by the landlord here.

Needing the property for their own use is one reason for termination by landlords. Want to find out more? Click here to read our article on termination for personal use.

Important: Landlords must send a notice of termination in writing with an official form to all contracting parties. If an official form is not used, the termination is not valid.

Statutory notice periods in Switzerland

In Switzerland, the following statutory notice periods apply:

• For rental apartments: 3 months
• For commercial premises: 6 months
• For furnished rooms and separate parking spaces: 2 weeks

Typical local termination dates in Switzerland

With regard to termination dates, if the parties have not agreed otherwise in the rental contract, the termination must take effect on a typical local termination date. Typical termination dates vary from canton to canton (and may even differ by municipality). It is therefore extremely important to check these dates at an early stage.

Important: Notice of termination must be received by the landlord no later than the last working day before the start of the notice period. Example: If you want the termination to take effect on 30 June, your landlord must receive your notice by 31 March at the latest. If notice of termination is received late, it will only be valid at a later date, i.e. from the next permissible termination date. Plan the termination of your tenancy in good time. If you miss the right time, in the worst-case scenario, you won’t be able to end your tenancy until several months later.

Extraordinary termination

Termination is effective as of the next possible termination date. However, you can also move out without observing the notice period or termination date: in this case, you must propose to the management company at least one (preferably several) solvent and reasonable persons as replacement tenants, who would take over the apartment on the desired date and under the existing rental conditions.

Once the new contract has been signed, you are released from your obligations. If you cannot find a reasonable replacement tenant, you must continue to pay the rent until the notice period expires.

What must be included in the notice of termination?

There are several points that you have the option to include in a termination letter. However, certain information must be included in a notice of termination:

• Name and address of the tenant(s)
• Name and address of the landlord/management company
• Date of the letter
• Subject, e.g. “Termination of the rental contract for the apartment at [address]”
• Notice of termination, e.g. a sentence such as: “I hereby terminate the rental contract for the apartment at [address] in good time as of [date].
• Termination date
• Signature