Je souhaite résilier le bail de mon locataire

As a landlord, you have the right to terminate your tenant's lease under certain conditions. These must comply with the laws on lease termination in Switzerland. We take a closer look at the procedures to be followed by landlords.

When can a landlord terminate the lease? 

In Switzerland, the termination of a lease by the landlord is a process with strict rules that must be followed. Swiss tenancy law provides that the landlord may terminate the tenancy provided that the tenant has failed to fulfil his or her obligations or that the landlord has a legitimate interest in terminating the tenancy. For example a landlord may therefore terminate a tenancy agreement for the following reasons:

 

  • Non-payment of rent; 
  • Default of the tenant's obligations;
  • Disregard of the landlord's obligations;
  • Sale or rénovation of the building;
  • End of the lease provided for in the contract;

 

In addition, a lessor may also terminate the lease if he wishes to end the tenancy of his property.

What is the procedure for the landlord to terminate the lease in Switzerland? 

The landlord must also comply with a certain procedure to terminate the lease. The landlord must notify the tenant of his decision to terminate the lease in writing. The termination letter must be sent by recorded delivery or delivered by hand. This notification must inform the tenant of the landlord's decision and give him or her prior notice to leave the premises. Please note that the notice to vacate, the notice period and the period of notice required by the contract or the law must be respected (a minimum of three months) or the notice will not be valid.

 

After the termination letter has been sent, the tenant has a certain amount of time to leave the accommodation. The length of this period varies depending on the length of the lease and the reason for termination.

What are the consequences of terminating the lease?

The tenant must return the accommodation in the same condition as when he moved in. They must clean the property, repair any damage they have caused and return the keys to the landlord. If the tenant does not respect the deadline for leaving the property and does not return the property in the same condition, the landlord may claim damages from the tenant. The landlord can also ask the tenant to pay the rent until the property is vacated.

 

If the tenant does not vacate the property in time, the landlord can go to court and ask for the tenant to be evicted or even for a fine to be paid.

What considerations should be taken into account before terminating the lease?

As a landlord, it is important to carefully consider all the possible consequences before deciding to renegotiate the lease. It may be difficult to find a new tenant and make up the lost rent. In addition, the landlord must also ensure that the tenant cannot contest the termination and that the terms of the lease have been complied with.

 

Release termination in Switzerland can be a difficult decision for a landlord. However, by following the procedures, you can ensure that the termination is carried out in compliance with Swiss laws and regulations and that your rights as a landlord are respected.

 

This article is not exhaustive and does not incur the liability of its author.

 

Here are some similar items

Sous-location non autorisée : que faire en tant que propriétaire ?

La tendance des smart homes : ces maisons connectées qui transforment la Suisse

Comment rénover un bien locatif en optimisant son budget travaux ?

Gestion locative : comment gérer l'afflux des visites ?

Gestion locative : comment gérer ses biens quand on ne vit pas en Suisse ?

You must authenticate