How to terminate early successfully
How to terminate early successfully
"I signed a lease for a flat in the canton of Geneva more than a year ago. The lease is for a fixed term, ending on 31 October 2017. Now I want to leave the region. Is it possible to terminate such a lease before it expires? If I move out, will I have to pay the rent until that date?
Luca, Vernier
The law does offer tenants the possibility of terminating a tenancy agreement early, without bearing the financial consequences, subject to certain conditions: under art. 264 of the Swiss Code of Obligations (CO), if a tenant returns the property without observing the notice period or the term of notice, he or she is released from his or her obligations towards the landlord only if he or she presents a new tenant who is solvent and whom the landlord cannot reasonably refuse.
In order for this provision to apply, the tenant must clearly state his intention to return the rented premises definitively; in accordance with art. 9 of the CCR, he must do so in writing and give at least one month's notice by the fifteenth or end of the month.
To be released from their obligations, particularly the payment of rent, tenants must present the landlord with an objectively acceptable and solvent candidate. The applicant must therefore be able to pay the rent and ancillary costs. In this respect, a candidate who has been the subject of a deed of default is not considered to be solvent. On the other hand, a person who earns only a small salary may still be solvent if a third party stands as guarantor. Finally, the replacement tenant must also be prepared to take over the lease on the same terms as the outgoing tenant. This condition relates in particular to the amount of rent, the term of the lease and the payment of security. As for the acceptability criterion, it refers to a major and legally admissible disadvantage that the applicant could present for the landlord, such as a smoker or a keeper of animals, even though the initial contract specifically excludes them.
It should be borne in mind that the presentation to the lessor of an acceptable and solvent candidate in no way obliges the lessor to accept the candidate, but only releases the lessee from his contractual obligations to pay the rent. The lessor thus remains free to allocate the premises to the person of his choice. Under the terms of the law, the presentation of a single candidate is in itself sufficient, but the prudent tenant will be well advised to submit several candidates to his landlord, so as not to risk having a single application rightly rejected.
