Terminating Rental Agreement Switzerland

Apr 13 2021

Check your lease for the termination and expiry period of the lease. In principle, a lease agreement can be terminated indefinitely in the event of termination of the lease, unless provided for by law. In this article, I describe the ordinary termination by the tenant. A fixed-term lease ends without notice. There are cases where tenants can terminate their lease without notice. This applies z.B. if the apartment is in a condition that does not comply with the contract. If the heating does not work, if the vermin invades the apartment or if the water quality is abnormally poor, the tenant has the right to terminate the lease without notice. If the tenant of a building is dead, the tenancy agreement does not automatically end.

Instead, it passes through the law to the heirs. You will have to terminate the lease. Here too, the contract is terminated with the legal period of three months for the next visit. An owner makes a final invoice and the security deposit is refunded within about two weeks. The deposit can be used for repairs, but only with the tenant`s consent. If a tenant disagrees, a landlord must receive a court order that pays for the bail repairs. If not, the bank will release the deposit a year later. In the case of a fixed-term lease, the termination procedure is different: from the beginning, it is clear when you move and no additional termination is required. However, neither you nor the owner can terminate such a lease prematurely for any reason.

This also applies if you have signed a waiver of dismissal. This is only permissible if it also applies to the owner. However, a waiver of dismissal is only possible over a four-year period. Once you have entered into a lease agreement, the contractual termination dates apply. You should not sign a rental agreement until you are sure you want to rent the property. The view that you can terminate a lease signed within five days is false. If no termination date has been agreed, it is provided for by local practices or by law. There is no local custom in Geneva. In this case, articles 266 ter to 266th of Swiss bond law are applicable, i.e. the termination date is at the end of a quarter calculated from the beginning of the rental period and other land, such as cellars, barns or stables, at the end of a six-month rental period (or , in the case of a local Custums, at the end of a three-month period until the usual date).

Tenants must send instructions in writing. This procedure is mandatory even in the absence of a written agreement. Note: It is essential to respect the notice deadlines set out in the agreement. The owner must receive the notification until the last day before the notice period expires. It is advisable to send the message by recommended letter to get a receipt to prove delivery. Do you want to move before the agreed termination date? You can announce it outside the agreed notice period, but you must provide the landlord with a new, solvent and reasonable tenant. The new tenant takes over the rental contract with the existing conditions and the landlord has 30 days to check if the new tenant can fulfill the tenancy agreement. In Switzerland, you can only terminate your lease for free at the end of your lease with notice. The notice period is set in the lease and is usually three months.

This means that the Agency (or owner) must receive your request at least one day before the notice begins. If the contract is terminated earlier than the required notice, the tenant must present a replacement tenant who agrees to take over the existing tenancy agreement under the same conditions.

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