Flat to hand over: finding a replacement tenant

What the law says

The Swiss Code of Obligations offers two ways out.

• Ordinary notice. Three months' notice for the date set by local custom or, failing that, for the end of a three-month rental period (art. 266c CO). Notice must be given in writing (art. 266l CO). Your lease may set other periods: read it again.
• Early return. You hand back the flat on a date of your choice, without waiting for the termination date. You are released only if you propose a new, solvent tenant whom the landlord cannot reasonably refuse, willing to take over the lease on the same terms (art. 264 CO).

If the flat is the family home, giving notice requires the express consent of your spouse or registered partner (art. 266m CO).

The steps

1. Tell the landlord in writing, ideally by registered post, giving the date on which you will hand back the flat.
2. Post a listing: net rent and service charges, number of rooms, floor area, floor, availability date, photos. Make clear that the lease is taken over on the same terms.
3. Hold viewings and collect the applications of interested candidates.
4. Send the landlord one or more complete applications, in writing.
5. Hand back the keys on the date announced, with a check-out inspection.

The candidate's application

The landlord may ask for a complete application. In practice, it includes:

• a copy of the candidate's ID or residence permit;
• a recent extract from the debt enforcement register;
• the last three payslips;
• a letter in which the candidate confirms taking over the lease on the same terms.

The law requires only one valid candidate, but tenants' associations advise proposing several. A candidate may pull out at the last minute, and that risk remains yours.

What the landlord can and cannot do

• The landlord reviews the application without delay. Legal writers generally allow about two weeks from receipt.
• The landlord may turn a candidate down for a serious reason, such as insufficient solvency. A refusal of mere convenience does not hold you: you are released on the date proposed.
• The landlord may not change the terms. If the candidate withdraws because the landlord raises the rent or changes the lease, you are released.
• The landlord may not charge early-return fees when you propose a valid candidate. The Federal Supreme Court confirmed this in 2015 (judgment 4A_75/2015).

Leaving for a while: subletting

If you plan to come back, subletting is another route. It requires the landlord's consent, which can only be refused on specific grounds (art. 262 CO). You then remain the tenant, and liable for the rent.

Posting your listing

On okazio, posting a listing is free and commission-free. Place it in the Property section, write "flat to hand over" in the title, and give the takeover date in the very first line: that is what candidates look for.

This guide summarises federal law. Practice varies by canton and by lease: if in doubt or in dispute, contact the tenants' association (ASLOCA, MV or ASI depending on the region) or your canton's conciliation authority.