Categories
Tenancy

TENANCY LAW

Early Lease Termination

If a tenant ends the lease early, i.e. without observing the notice period or the deadline for termination, they remain liable for rent unless they propose a solvent replacement tenant that the landlord cannot reasonably refuse and who is willing to take over the lease under the same conditions.

If no such tenant is found, the original tenant must continue to pay rent until the contractual end date.

The landlord must, however, deduct any savings or income gained (or intentionally not gained) from re-letting or other use of the property.

If the tenant presents an appropriate replacement who meets the legal criteria, but the landlord refuses to accept them, the outgoing tenant is no longer liable for the rent.

It is important to bear in mind that in the French-speaking part of Switzerland, tenants must observe a one-month notice period, that can only end on the fifteenth or the last day of a month.

Gabriel Raggenbass Attorney-at-Law, Geneva Bar in a Meeting with Alexa Mossaz, Immigration Specialist at Legal Expat Switzerland

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