Terminating a lease: deadlines and challenging notice
The form of the termination notice
Terminating a lease of residential or commercial premises must be done in writing and, on the landlord's side, using an official form approved by the canton (art. 266l CO). Notice that does not comply with this form is null and void.
Notice periods and dates
Unless otherwise agreed, a residential lease can be terminated with at least three months' notice for the next date fixed by local custom (art. 266c CO). The notice periods and dates applicable to commercial or movable-property leases differ and are set by art. 266a-266e CO.
A tenant can also terminate the lease early, before the contractual expiry date, by presenting a solvent replacement tenant ready to take over the lease on the same terms (art. 264 CO).
Abusive termination
Notice can be annulled if it contravenes the rules of good faith (art. 271-271a CO), in particular when given because the tenant has, in good faith, asserted claims arising from the lease, during a conciliation or court procedure relating to the lease, or within three years of the end of such a procedure if the landlord largely prevailed, subject to exceptions provided by law.
Challenging notice
A tenant who considers their notice abusive must approach the conciliation authority within 30 days of receiving it (art. 273 CO). After this period, the notice can no longer be challenged on this ground.
Frequently asked questions
Does my landlord have to justify terminating my lease?
No, the law does not require a reason for ordinary termination. Notice can, however, be annulled if given in circumstances contrary to good faith under art. 271-271a CO.
What should I do if I receive notice without the official form?
Notice given by a landlord without the official form approved by the canton is null and void (art. 266l CO): it is deemed never to have been given, without even needing to challenge it before the conciliation authority.
Can I terminate my lease before the contractual expiry date?
Yes, provided I present a solvent replacement tenant, ready to take over the lease on the same terms and acceptable to the landlord (art. 264 CO).
Within what time limit must I challenge notice I consider abusive?
Within 30 days of receiving the notice, by approaching the competent conciliation authority (art. 273 CO).