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Ordinary Termination of a Tenancy/Rental Agreement in Switzerland – Legal Framework & Key Points

The ordinary termination of a tenancy agreement is clearly regulated under the Swiss Code of Obligations (OR). Anyone wishing to end their tenancy should comply with the legal requirements to avoid an invalid termination. This article provides an overview of the main rules, deadlines, and legal foundations.

What is an Ordinary Termination?

An ordinary termination refers to ending a tenancy with proper notice, without needing to provide a specific reason. It must comply with the notice periods and termination dates set out in the rental contract or by law.

According to Art. 266a OR, a tenancy ends either upon the expiration of the agreed term or through termination.

Notice Periods and Termination Dates (Art. 266c OR)

For residential properties, unless otherwise stated in the lease, the following legal requirements apply:

Notice period: at least 3 months

Termination dates: customary local dates, often:

• End of March
• End of June
• End of September

👉 Legal reference: Art. 266c OR

It is crucial that the termination reaches the landlord on time. Sending the notice by registered mail is recommended.

Form of Termination

Termination by the tenant must be in writing. Oral termination or termination via email is not legally valid.

A proper termination letter should include:

• Full details of the tenant and landlord
• Exact address of the rental property
• Termination date
• Date and signature

Termination of a Family Home – Special Protection Rules

Important note:

For the termination of a family home, both partners must sign if married or in a registered partnership, even if only one partner signed the tenancy agreement.

This rule, established in Art. 266n OR, protects the family from losing their home due to a unilateral decision. A termination without the required signatures is invalid.

Abusive Termination

A termination must not be abusive. The law protects tenants from terminations that violate good faith.

👉 Legal reference: Art. 271 OR

In such cases, the termination can be challenged.

Handover of the Property

After the tenancy ends, the property must be returned in proper condition. According to Art. 267 OR, the rented property should reflect the agreed-upon use. Normal wear and tear does not count as damage.

It is highly recommended to prepare a handover protocol.

Conclusion

Ordinary termination of a tenancy agreement in Switzerland is clearly regulated by law. By observing the notice period (Art. 266c OR), ensuring the termination is in writing, and respecting special rules for family homes (Art. 266n OR), tenants can avoid legal issues. Using a professional termination template provides additional security and peace of mind.