Abusive Lease Termination: How to Contest It in Switzerland

You just received your termination notice and think it isn't justified? Here's what you need to know, and more importantly, what to do in the coming days.

The deadline is 30 days, not one more

Upon receiving the termination notice, you have 30 days to contest it before the conciliation authority for leases and rents. Past this deadline, the termination becomes final, even if it wasn't justified. A simple letter to the landlord or property manager is not enough: the challenge must be addressed to the conciliation authority itself.

If you're only a few days from the end of the deadline, a simple but precise letter (identity of the parties, reference to the termination notice, request for annulment or extension) is enough to preserve your rights. You can complete it legally afterward.

You remain bound until the term, with one exception

Even when contesting the termination, you remain obligated to pay rent until the contractual end date. The only way to be released earlier is to present the landlord with a replacement tenant who is solvent and ready to take over the lease under the same conditions. The landlord can only refuse this candidate for an objective reason — if they refuse without valid grounds, they must release you from your obligations as of the proposed relocation date.

You're protected during and after the proceedings

Once proceedings are underway, you're protected against a new termination for the entire duration, and even for the three years that follow. A landlord can only terminate your lease during this period in very specific cases. Retaliatory terminations following a legitimate challenge are rare and generally successfully contested.

Special cases to know

• Sale of the property: even if the property changes owners, you remain bound by the termination terms and deadlines of your current lease. The new owner automatically inherits the lease.
• New owner's personal need: you can generally obtain a lease extension sufficient to find an equivalent home, to be requested within 30 days of receiving the notice.
• Death of the tenant: the lease passes to the heirs, who can terminate it with a reduced notice of 3 months for the end of a quarter, or find a replacement to leave sooner. Some leases provide for automatic termination upon death — check yours.

What to do concretely

1. Note the exact date you received the termination.
2. Gather your lease and the termination notice received.
3. Send a challenge to the conciliation authority of your canton without delay.
4. Keep paying rent while proceedings are ongoing, unless otherwise agreed in writing.