How to terminate a lease in Switzerland

Terminating a residential lease in Switzerland follows precise rules set out in the Swiss Code of Obligations (CO), in articles 266a and following. Before you write your termination letter, check the terms of your lease and the local customs of your canton.

The first step is to identify the notice period and the termination date that apply. For a home, the legal notice period is at least three months (six months for commercial premises), to the termination date set in the lease or, failing that, by local custom (art. 266c and 266d CO). Customary termination dates vary from canton to canton, and sometimes from one municipality to another: in several French-speaking cantons, including Vaud, they are for example the end of March, the end of June and the end of September. Check your lease to find out which termination dates and notice periods apply to you.

Notice must be given in writing (art. 266l CO) and signed by all the tenants named on the lease. The law does not require registered mail, but it is strongly recommended so that you have proof. The letter must reach the recipient no later than the day before the notice period starts: the date of receipt counts, not the date of sending, so allow a margin of several days. If the landlord terminates, they must use the official form approved by the canton, otherwise the notice is void. If the home is the family home, the tenant can only terminate with the express consent of their spouse or registered partner (art. 266m CO), and the landlord must serve notice separately on each of them (art. 266n CO).

If the landlord terminates the lease, the tenant has 30 days from receipt of the notice to challenge it before the conciliation authority if they consider it abusive (art. 271 and 273 CO), or to ask for an extension of the lease (art. 272 CO). For a fixed-term lease, the request for an extension must be filed no later than 60 days before the lease expires. An extension can be granted for up to four years for homes and six years for commercial premises.

If you want to leave without respecting the notice periods or termination dates, you are only released from your obligations if you present a solvent replacement tenant whom the landlord cannot reasonably refuse and who is willing to take over the lease on the same terms (art. 264 CO). Otherwise, you remain liable for the rent until the end of the lease or until the next termination date.

SwissDoc helps you write your termination letter: enter your address, the landlord's address and the end date you want, and the letter, which cites the applicable articles, is ready to sign and send by registered mail. Your first three documents are free, no credit card required.