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Termination of tenancy
A tenancy agreement may be terminated by the tenant or the landlord, as long as the required periods of notice and due dates are observed. The law protects tenants against wrongful termination. In addition, landlords must comply with specific requirements when notifying tenants of termination and must justify the notice of termination at the tenants’ request.Notice of termination by the tenants
Tenants who wish to move out of their apartment must give due notice in writing of the termination of their tenancy agreement. The usual notice period for residential property is three months. Care must be taken to ensure that the notice of termination reaches the landlord in good time (one day before the beginning of the notice period). The due dates are normally set out in the agreement, failing which, the local standard notice periods will apply. These can be obtained from the conciliation boards. If you wish to leave your apartment before the due date and avoid paying rent until the end of the lease, you will have to propose a suitable new tenant who is solvent and willing to take over the lease on the same conditions.
Notice of termination by the landlord
Landlords must notify the tenants of termination using a form authorised by the canton. The legally or contractually agreed periods of notice and due dates must be complied with. The period of notice for apartments is at least three months. Tenants are entitled to be notified of the reason for the termination. Notices of termination not made in good faith (such as notice of termination because the landlord is exercising his landlord's right, or on account of the tenants' changed family circumstances) may be contested before the conciliation boards. The official form for termination explains how the tenants should proceed when disputing a termination. For terminations constituting hardship for the tenants (financial or family difficulties, housing shortage), an extension of the term of the tenancy may be applied for at the conciliation board.
Summary terminations with shortened periods of notice (without notice, within 30 days) are possible in certain instances. Such terminations must be preceded as a general rule by warnings. Landlords may for example serve a notice of summary termination if the tenants are in arrears with the rent. Tenants also have this possibility, for example, if remaining in the apartment is unreasonable due to serious defects.
The conciliation board informs both tenants and landlords and will issue the necessary forms. The tenants’ and landlords’ associations also assist tenants and landlords in respect of their needs and interests regarding notices of termination.
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