Everything depends on the formalities

30.03.2020

Giving notice - but how?

When giving notice, you must do so in writing - and naturally, to have proof, it's best with a registered letter. You are not required to provide a reason; it is up to the tenant whether or not to state a specific motivation. Something reasonable would be changing to a more attractive apartment which you like better. Often there are very simply professional or private reasons to move your place of residence.

Who signs?

To follow the procedures exactly as required, often each day is critical. The written notification must be delivered to the landlord at the latest on the last day before the notice period or, to be on the safe side, a few days before that. It the property is a family apartment shared by a couple, both partners must sign. The same holds true for a registered couple according to new partnership laws or if several people are listed as the contractual parties (for example, in a flat-sharing community or cohabiting partners). Subtenants, on the other hand, do not have to sign.

The determining factors are first of all the date for giving notice and the length of the notice period as outlined in the rental agreement. Depending on the region, the dates when it is possible to give notice are set as the end of each month (except New Year's Eve) or sometimes only on 1 April or 1 October. As concerns the notice period, the agreement is initially binding, of course with the limitation that you cannot fall short of the legal deadline of three months. If the notice of termination is sent too late, it is considered as being applicable to the next possible date for giving notice.

Early termination of a rental agreement

If you have missed the notice period or if the next acceptable date will not come for several months, you can perhaps get assistance by terminating the rental agreement early.

Here, one common misconception is that you must provide three replacement tenants. However, that has no longer been the case since 1990; according to Art. 264 of the Swiss Code of Obligations, it is sufficient if you provide a single solvent, reasonable replacement tenant. It's far better, though, if the tenant moving out is on the safe side and finds three or more people who would be qualified to take over the apartment.

Even if the ability to terminate a rental agreement early is possible in principle, you shouldn't take the process and deadlines lightly. «The law expressly makes provisions for such cases, but we must all be clear that the tenant is defaulting on the agreement», explains Regula Mühlebach, an expert at the Tenants' Association. It would also be a mistake to think that you can turn over an apartment immediately for «important» reasons. Even unemployment or moving into a retirement home are not sufficient grounds according to legal precedence.

File away key documents

To make sure there are no disagreements afterwards and everyone is clear about the matter, the tenant moving out should collect and copy all important documents. For instance, you should request sufficient copies of forms from the building manager which you can use to register solvent replacement tenants. Every seriously interested party should confirm with their signatures that they:

  • have viewed the apartment
  • they are prepared to take over the apartment in the existing condition and at the same terms
  • are prepared to actually take over the apartment on the specified date

In other words, it's not possible that the replacement tenant can suddenly expect to have parquet floor installed or a new bathroom if these were not already part of the apartment.

Further, the interested parties must be able to provide information about themselves and their financial situation; in practice, especially important is a current excerpt from the debt collection register. If the tenant and building management had made special agreements, the new tenant must also uphold them - such as cleaning stairways, keeping pets or other obligations. Reasons for not accepting the replacement tenant may not include that person being a foreigner instead of a Swiss citizen, a cohabitating couple rather than a married couple, etc.

Moving out early