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Unlike other types of contracts, Swiss tenancy law does not provide for a reflection or withdrawal period after signing a lease. But even if you cannot withdraw, there are ways to exit the contract after signing:

  • Terminate the lease according to the established rules, with the legal or contractual notice period (3 months) and applicable termination deadlines.

  • Find a replacement tenant: if the proposed candidate is accepted by the landlord, you can release the contract earlier.

  • Agree on an amicable termination of the lease. This is often the simplest solution if both parties want to avoid complications.


Why is it impossible to cancel a lease after signing?

In Switzerland, tenancy law is governed by the Code of Obligations (Articles 253 to 273c CO). Unlike door-to-door sales or certain consumer credits, there is no 7- or 14-day withdrawal period for a rental contract.


From the moment the landlord (or property management) and the tenant have signed the document, the contract is considered "perfect". This means:

  • The commitment is firm and final.

  • The move-in date has no impact on legal validity: even if you are not due to move in for three months, you are already bound.

  • Simply not having paid the rent deposit or received the keys does not allow cancellation of the contract.


What options are available to terminate your contract early?

If you wish to free yourself from your obligations after signing, the most common and effective way is early termination (or lease transfer).


Finding a replacement tenant

According to Article 264 CO, a tenant who returns the property without respecting the notice periods or terms is only released from obligations toward the landlord if they present a replacement tenant. This candidate must meet three cumulative conditions:

  • Solvent: Their income must be sufficient (generally three times the gross rent) and they must not have ongoing debt enforcement proceedings related to payment behavior.

  • Willing to take over the lease under the same conditions: The candidate must accept the current rent and specific clauses of the contract you signed.

  • Reasonable for the landlord: The owner cannot reject a candidate for discriminatory reasons but may refuse them if they pose a risk (e.g., noisy activities in a quiet building).

You must notify the property management by registered mail of your intention to terminate the lease early.


We recommend immediately including the complete replacement tenant dossier (pay slips, debt enforcement extract not older than 3 months, copy of ID).


The property management then has a review period (generally 30 days, 10–15 if the dossier is complete) to approve the candidate.


Proceed by mutual agreement

If you have not yet moved in, the management may have other applications pending that were submitted during the initial listing.


Contact the building manager to explain your situation. If the landlord agrees to cancel the contract without requiring a replacement tenant, ensure that a written mutual termination agreement is signed.


This written document is essential to prove that you are no longer liable for future rent. Note: the landlord is entitled to charge administrative fees for the work of re-establishing the contract.


No replacement tenant or refusal of mutual agreement: what are the risks?

If you do not find a replacement tenant and the landlord refuses a mutual agreement, you remain obliged to pay:

  • Monthly rent and advance charges

  • Heating costs

  • Any other lease-related accessories (parking space, cellar)

This obligation continues until the next contractual due date or until the legal end, while respecting a 3-month notice period (or longer, depending on cantonal practices). Note that termination dates may vary by canton.


Lease cancellation: are there legal exceptions?

It is extremely rare to invoke a “nullity” of the lease, but theoretically, two cases exist:

  • Defect of consent (Art. 23 CO): If you were intentionally misled by the landlord (fraud) or if the contract contains a fundamental error. Very difficult to prove legally.

  • Serious immediate defect: If, at the time of the move-in inspection, the apartment is uninhabitable or has a defect that completely prevents its use (fire, major flooding), you may refuse the property and request termination.


H2: FAQ: Your questions about lease cancellation

Can I withdraw if I only signed the "rental application"?

The rental application (registration form) is not a lease. However, some property managers charge withdrawal fees (often between 100 and 300 CHF) if you withdraw your application after they have prepared the lease. Note that the legal validity of these fees is contested by ASLOCA (Swiss Tenants’ Association), as they are not always based on a solid contractual foundation before lease signing.


What if the management refuses my replacement tenant?

If the candidate is objectively solvent and meets the conditions, but the landlord refuses for personal reasons, you are still released from the lease on the date the candidate would have taken over the apartment.


Can legal protection insurance help?

Yes, it is highly recommended. It can cover lawyer or advisory costs if the management unjustly refuses early termination.


Can I terminate my lease by email?

No. Lease termination must be in writing with a handwritten signature. Registered mail is the only valid proof in case of dispute.


Do I have to pay the first month’s rent if I terminate the day after signing?

Yes, you are responsible for payment until a replacement tenant is found or the legal notice period is reached.