A change of residence is associated with a lot of effort. Belongings must not only be packed and transported, but your place of residence must also be terminated correctly. Termination has to be carried out according to strict rules, which are defined in the OR. Anyone wanting to avoid aggravation should be aware of the most important regulations.
There are two different types of leases. There are temporary and open-ended leasing contracts.
Temporary leasing contracts terminate silently without written or oral termination on the appointed day that the contract ends.The lessee can be terminated by the tenant or the landlord, subject to the OR.
Not all rental properties have the same deadlines for terminating. The following times for notice of termination should be noted:
- Three months for residential areas (Article 266c OR)
- Two weeks for furnished rooms (Art. 266e OR)
- Two weeks for parking spaces (Article 266e OR)
- Six months for business premises (Article 266d OR)
To Terminate Properly
If you are planning to cancel a rental agreement, you should always send the cancellation in by registered mail.
A written notice is required by law. It is important that you sign the letter. State dates and deadlines in the letter the termination. If you are sharing the apartment with another person, such as your spouse, and both are listed on the rental agreement, then both you and your spouse, or the other party, should sign your letter stating termination of residency. Otherwise, the cancellation will be void. This also applies to a residential community.
But just you already know, there are no rules without exceptions.
The landlord has the right to terminate a tenancy immediately if the tenant is in default of payment, repeatedly violates his duty of care of the apartment or the landlord claims the apartment for his own needs.
To exercise this exception, the landlord must use the cantonal form provided for this purpose.
Otherwise, the termination is invalid. In the case of spouses, termination must be made twice, i.e. to both persons.
The tenant can also move out without observing the period of notice and termination if the tenant offers the landlord a reasonable and payable substitute tenant, and the proposed tenant takes over the already-existing tenancy on the same terms.
If, however, the tenant gives notice without proposing a subsequent tenant, then the current tenant is obliged to pay the fixed rent up to the contractually agreed period of notice expires.