How can I terminate my lease prior to its expiry date ?

You’ve found the apartment of your dreams and you want to move in straight away. Unfortunately, though, your current lease does not end for several months and you’ve missed the date for terminating it. How do you terminate your lease prior to its statutory expiry date? Luckily, the Swiss Code of Obligations gives you the option of terminating a property rental early. To achieve your goal, you simply need to find a solvent potential tenant that the landlord cannot reasonably refuse who agrees to take over the lease on the same terms and conditions.

A tenant can be considered solvent if no legal action is being taken against them and the rent does not exceed 30% of their gross monthly income. If the lessor decides to amend the lease or if they refuse an objectively suitable tenant, your lease ends on the date on which the new tenant would have taken over the lease.

What steps do you need to take?

1. Draft and send a registered letter requesting early termination that is signed by all the tenants. The property management firm or landlord should receive it with at least one month’s notice by the 15th or end of the month. The date on which the letter is received is what counts, rather than the date shown on the postal stamp. If the deadline is extremely tight, you may also hand-deliver the letter and request a delivery receipt.

2. Put forward a solvent tenant acceptable to the landlord, who then has 30 days to check the documents submitted.

3. Obtain written confirmation of the termination date from the landlord.

Find a new tenant

Switzerland’s housing shortage makes it much easier to find a new tenant. Mention your apartment is available to rent to your friends, neighbours and work colleagues. Post about it on Facebook or on free or paid-for property portals. Contact your property management firm or discuss it with them to publish an announcement on their website.

Check with the relevant people that they have submitted all the requisite rental documents, including a copy of their identity document, payslips for the three most recent months, a certificate from the debt collection register, the duly completed application form and, if possible, a commitment in writing to take over the lease on the same terms and conditions. Although you are not obliged to put forward more than one suitable solvent tenant, it’s advisable to submit at least three sets of rental documentation to the landlord. It’s possible that a potential tenant may pull out at the last minute or may not satisfy the requirements set out above.

It’s worth pointing out that if you are looking for a new property, you can obtain a SwissCaution certificate that enables you to provide immediate proof to your landlord that you have secured formal approval concerning the award of a future rental guarantee from SwissCaution (find out more). On the other hand, if you’ve already found your property, you can begin to apply for a new SwissCaution rental guarantee. This will enable you to keep hold of your money for more pressing uses (find out more).

It is wise to submit at least three files to the landlord. A candidate may withdraw at the last moment.