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In Switzerland, the procedure for giving notice is governed by very strict formal requirements derived from the Code of Obligations (CO):

  • In order to be able to terminate your tenant’s lease, you must therefore be able to invoke a valid reason, such as personal need or a breach of obligations.
  • To give notice to a tenant, it is your responsibility to send a termination letter that complies with the requirements of tenancy law, as well as an official form.
  • Pay close attention to the date on which the termination letter is sent, as the notice period begins only upon receipt by the tenant.

Termination of the lease: what is the legal framework?

The termination of a lease, and more generally the relationship between landlord and tenant, is governed by the Code of Obligations (CO) and, additionally, by cantonal practices and various local regulations.


The basic principles of ordinary termination

Ordinary termination is the most common form. The tenant decides to leave the dwelling but must, in doing so, comply with a notice period that is consistent with the law or with the lease agreement.


For residential premises, the statutory notice period is three months, unless otherwise specified in the lease. Some contracts provide for specific termination dates depending on the canton (for example 31 March, 30 June or 30 September), while others allow termination at the end of each month, with the exception of December.


When the contract is stricter than the law, the contractual conditions apply; when it is more flexible, it remains valid as long as it respects a reasonable notice period.


The requirement of the official cantonal form

The termination of a residential lease must mandatorily be notified using the official cantonal form. Each canton has its own model, designed to clearly inform the tenant of their rights, in particular with regard to contesting the termination and requesting an extension of the lease.


Failure to comply with this requirement results in the pure and simple nullity of the termination. The procedure must then be started again, which can significantly delay the recovery of the dwelling.


When a married couple or a registered partnership occupies the dwelling, the landlord must send a separate notification to each spouse or partner. A single joint communication is not sufficient, failing which the termination is null and void.


What are the grounds for termination of a lease by the landlord?

Swiss tenancy law recognizes several grounds allowing the landlord to terminate the lease. However, all of them must comply with the requirements of good faith and must not constitute an abusive termination.


Termination for personal need

Personal need refers to the situation in which you wish to use the dwelling for yourself or for a close relative, such as a member of your family.


For a long time, case law required an urgent need. Today, the courts favor an assessment based on the importance and the current nature of the need. There must therefore be a concrete and credible project, and not merely a vague or hypothetical intention to recover the dwelling.


Moreover, in the event of a sale of the dwelling, the new owner may terminate the lease for their own use, provided that the applicable terms and notice periods are respected. The personal need of the new owner is assessed according to the same criteria as yours.


Termination in the event of a breach by the tenant

You have the possibility of resorting to an extraordinary termination when your tenant violates their obligations.


Late payment of rent (Art. 257d CO)

You must first send a written notice of default, setting a payment deadline of at least 30 days and indicating that termination will be pronounced in the event of non-compliance.


If the tenant fails to comply within this period, you are entitled to terminate the lease as of the end of the following month.


Serious violation of the duty of care (Art. 257f CO)

When your tenant causes repeated disturbances, behaves aggressively towards neighbors, damages the premises or compromises the tranquility of the building, you may also terminate the lease unilaterally.


Termination for just cause

The law also provides for termination for just cause, applicable when the continuation of the lease becomes unbearable for one or the other party.


This is a mechanism that you may resort to in particular circumstances, such as a serious conflict or an unforeseeable change making the continuation of the lease impossible.


How to give notice to a tenant?

Correctly calculating the notice period and the termination date

As a reminder, termination takes effect not on the date of dispatch, but on the date of receipt by the tenant. If your registered letter is not collected, it is deemed to have been received at the end of the postal holding period, generally seven days.


For example, if the lease provides for a three-month notice period ending on 30 September, the termination must reach the tenant before the end of June. A dispatch that is too late, even by a few days, automatically postpones the end of the lease to the next termination date.


Drafting the termination letter

The lease termination letter must contain several essential pieces of information:

  • the address of the dwelling concerned;

  • the date on which the lease ends;

  • an indication that the official cantonal form is enclosed;

  • where applicable, the reason for termination if the tenant requests it (the landlord is not required to provide it spontaneously).

Sending the letter by registered mail makes it possible to establish proof of notification and remains the safest method, as disputes often concern the exact date of receipt.


What to do if the tenant contests the termination?

Your tenant has a period of 30 days from receipt of the termination to contest it before the Conciliation Authority.


This body is tasked with verifying the validity of the formal requirements (deadlines, cantonal form) and the legitimacy of the ground for termination invoked in your letter. It also assesses whether the end of the lease constitutes a case of hardship for the tenant.


In the event of a formal error or an abusive ground for termination (Art. 271 CO), the Authority may annul the termination. Even if the termination is valid, it may grant the tenant an extension of the lease, generally of up to four years for residential premises, if the tenant’s departure entails significant difficulties.


Frequently asked questions from landlord-owners

My tenant does not pay: can I terminate immediately?

Even if the situation can be frustrating, the law does not allow you to terminate immediately in the event of non-payment. Article 257d CO provides for a mandatory procedure: you must send a written notice of default, grant the tenant a period of at least 30 days to settle the arrears, and clearly state that termination will follow in the absence of payment. If the deadline expires without response, you may then terminate the lease as of the end of the following month.


What happens if the tenant contests the termination?

The tenant has 30 days to refer the matter to the Conciliation Authority. This procedure aims to clarify the situation, examine the validity of the termination, and determine whether an amicable solution is possible.


If no agreement is reached, the case may be brought before the court, which will decide whether to confirm the termination, annul it, or grant a possible extension of the lease. You will therefore be required to demonstrate that your approach complies with legal rules and that it is not abusive.


Where can I find the official form for my canton (VD, GE, ZH, etc.)?

Each canton provides its own official termination form, which you must imperatively use.


You will find it on the websites of the cantonal housing offices or the competent public services, for example the Housing Office of the Canton of Vaud or the Department of the Territory in Geneva.


Make sure to use the form corresponding to the canton in which your property is located, as using the wrong form may result in the nullity of your termination.