Early surrender of a lease

Early surrender of a lease

In principle, any lease contract can and must be terminated by giving notice, unless the parties have expressly agreed a fixed term. Generally speaking, this notice period is three months for the 15th or the end of a month. If the contract is silent on the subject, you should refer to articles 266a et seq. of the Swiss Code of Obligations (CO) or to the canton's rental practices. However, it is possible to leave a property without having to pay rent until the end of the contractual term. Under article 264 of the Swiss Code of Obligations (CO), the rent can be returned without observing the contractual or legal period of notice, provided that the landlord is presented with a new tenant who is solvent and willing to take over the lease on the same terms as the outgoing tenant (particularly with regard to the term of the lease and the amount of rent and service charges). The landlord must have no reasonable grounds for refusing the applicant (for example, if the property is over-occupied or if the applicant is engaged in an activity that would disturb the peace and quiet of the neighbourhood or the standing of the building).To be considered solvent, prospective tenants must meet two criteria: the rent must not exceed 30% of their income if they are on their own, or of the household income if they are in a couple or shared tenancy, and they must not be the subject of any legal proceedings or certificates of default.The letter of termination must be sent to the landlord (often represented by a property management company), preferably by recorded delivery. It should contain the date on which the flat is to be returned, the identity of the applicant and, if possible, a complete file on the applicant, including a rental application, a copy of their identity document, a certificate of non-liability and their last three payslips or a salary statement. Once this has been done, the landlord should be asked to provide written confirmation of acceptance of the termination, indicating the date on which the lease will end and setting a date for the inventory of fixtures at the end of the lease for the handover of the keys. In principle, a single file meeting the criteria is sufficient. However, it is advisable to submit one or two additional applications if the first applicant withdraws. Make sure you keep a copy of the letter and the applications so that you can prove, if necessary, that at least one solvent applicant has been presented to the landlord. The landlord is not obliged to choose the candidate proposed by the outgoing tenant, who will nevertheless be released from his obligations in such a case. The same applies if the landlord decides to start work on the property before re-letting it. On the other hand, if the proposed candidate withdraws, the outgoing tenant will remain responsible for paying the rent until the next contractual term.