Termination is subject to strict rules
Termination is subject to strict rules
"5 years ago, I signed a lease for a magnificent flat for an indefinite period. A week ago I received a simple letter in which my landlord tells me that he is terminating the lease within the three-month notice period. Shouldn't this termination take certain forms and be justified?
Mélanie, Versoix
In accordance with article 266l of the Swiss Code of Obligations (CO), termination of residential or commercial leases must be in writing. In addition, if the notice of termination is given by the landlord, the latter must serve the notice using an official form approved by the canton in which the property is located. This form must contain information for tenants who wish to contest the notice or request an extension of the lease. This document must specify the deadline for contesting the notice and the competent authority.
Tenants who receive ordinary or early notice of termination of their residential or commercial premises may request the cancellation of the notice or the extension of the lease within 30 days of receipt of the notice, by submitting a written request to the tenancy conciliation board, in accordance with articles 271 and 272 of the Swiss Code of Obligations.
Termination that does not comply with the formal rules prescribed by law is null and void. Such a formal defect may be invoked at any time and must be established by the court of its own motion.
Art. 9 of the Ordinance on Leases of Residential and Commercial Premises specifies that the official form must indicate to whom the notice of termination is addressed, by whom it is sent, the object rented, the clear and unconditional expression of intention to terminate the lease, the date for which the lease is terminated and the signature of the person terminating the contract. On the other hand, it is not compulsory to give reasons for the notice, but the landlord must give reasons for the notice at the tenant's request, which is expressly stated on the official form.
Therefore, if your landlord has simply sent you a letter terminating your lease without using the official form, the notice is null and void and therefore has no effect.
