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Swiss real estate law does not provide for a single rule in terms of the duration of the lease contract. This can either be for a fixed term or for an indefinite period. But then, how to write a lease? How to commit as a tenant? Update on the duration of the lease in Switzerland.
Zoom in on the duration of the lease contract: in which cases do leases provide for a specific expiry date?
A furnished rental lease generally lasts less than that of an empty or unfurnished apartment. Often, the owners offer a one-year contract, renewable at each annual expiry. This is also perfect for students and expatriates who do not necessarily plan for several years in the same accommodation. But if the furnished rental lease has a generally shorter duration, a lessor can also include in the contract a specific expiry date, different from the usual year. This may be the case if, for example, he plans to house a child there from a specific date or if he wishes to take advantage of this property himself once his retirement has been acquired. In this case, the question arises of the duration of the lease and its renewal. We must ensure that we are transparent from the start.
Duration of the lease contract: what are the cases where the leases do not provide for any expiry date?
Most of the time, the duration of the rental lease is expressed in the contract: it is an expiry date with notice and tacit renewal. It is therefore an indefinite term lease. But how, in the absence of a lease contract duration, how do you know when it is possible to terminate the said contract? Most of the time, the lease is valid for three years, but it is advisable to check in the contract if there is reference to local termination dates. These can indeed vary according to the cantons, the districts, or even the municipalities. It will then be necessary, for a candidate for rental, to inquire with the local authorities in order to know the duration of the lease contract he is committing to for his accommodation.
Duration of the lease: renewal and termination
Behind the duration of the lease contract lie the questions of renewal and termination. When the lease is for a fixed term, it is in theory not renewable. For a lease of indefinite duration, the renewal takes place tacitly when neither the lessor nor the lessee intervenes within the time limits.
The problem of termination arises, however, when the tenant wishes disengage from his contract before the end. Because to terminate the lease early, you must first find a replacement tenant who agrees to take over the lease under the same conditions.
If this is your case, then you can count on SherlockHomes to advertise your ad for free and find the ideal candidate that the landlord cannot refuse.
This article cannot be exhaustive and does not engage the responsibility of its author.
