The termination of a lease agreement in Switzerland, even if initiated by the tenant, cannot be executed through a simple oral statement. Indeed, the law outlines a precise procedure for such communications. While the requirements are more stringent for the landlord, who must use an official form to notify a termination, a tenant wishing to end their lease must do so in writing, crafting a letter signed by hand.
Furthermore, tenants typically do not have the right to terminate the lease for a date other than that specified in the contract unless they can justify an early termination for specific reasons. However, they have the option to release themselves from contractual obligations before the lease expires if they find a replacement tenant. This new tenant must meet certain conditions, including solvency and acceptance of the same terms as the initial agreement, such as the same rent and lease end date.
To do this, the tenant must submit a comprehensive dossier of the prospective tenant taking over the lease, allowing the landlord to assess their solvency. It is recommended to submit this dossier at least one month before the date the current tenant wishes to be released.
Once in possession of a candidate dossier meeting the required conditions, the landlord has the choice to enter into a new contract with this person or to seek another tenant. In any case, the outgoing tenant is released from contractual obligations from the date the incoming tenant would have moved in.
However, if the incoming tenant withdraws before signing the lease agreement, the outgoing tenant must once again find a replacement. It is crucial to note that the withdrawal of the incoming tenant must not be linked to the landlord’s behavior, and the landlord cannot increase the rent. If such a situation occurs, and the candidate withdraws due to this increase, the outgoing tenant is released from contractual obligations.
As long as the outgoing tenant has not found a replacement, they remain responsible for rent payment, even if they have returned the keys to the property. It is also the landlord’s responsibility to minimize damages by actively seeking a new tenant for the property.