Early termination of lease: how does it work if we can't find a replacement tenant?

In Switzerland, early termination of a lease is possible, provided that contractual conditions are respected, including the obligation to find a replacement tenant before leaving the apartment.

Respecting the notice period for lease termination

In general, the average notice period for lease termination is three months, but it's important to consult the terms of the specific lease. To ensure that the request is valid and taken into account, the deadline is the date of receipt by the recipient, not the date of sending as indicated by the postmark. If there is no specific information on this topic, the tenant must check the legal regulations of their canton of residence. It should be noted that the letter of lease termination in Switzerland must be given to the landlord or the property management company.

Early termination of lease in Switzerland: responsibility to find a new tenant

In certain situations, the tenant may terminate the lease early and is responsible for finding a new tenant for the occupied apartment. The candidates must accept the same contractual conditions and provide proof of their solvency. Furthermore, the tenant is responsible for organizing visits and preparing the apartment for them. They also receive and review the applications and documents of potential candidates before submitting them to the landlord.

Absence of a replacement tenant: what are the consequences?

After reviewing the applications, the landlord or property management company may reject certain requests. This is called a reasonable refusal and often occurs following multiple unpaid rents or late payments. However, this decision does not release the tenant from their responsibility during an early termination of the lease. If a new tenant cannot be found within the given time frame, the current tenant must fulfill their obligations until the next termination deadline. Therefore, the early termination of the lease is no longer valid.

As a Swiss real estate expert, SherlockHomes offers various services to simplify the process, including free publication of your ad on 20 real estate portals, automation of responses to potential candidates, organization and planning of visits, assistance and support in the preparation of candidate applications, as well as a clever tool such as the early lease termination letter generator.

This article is not exhaustive and does not engage the responsibility of its author.