When can I give notice to my tenant?
In Switzerland, the principle of freedom of termination applies to residential and commercial spaces. This means that indefinite rental agreements can be terminated in compliance with contractual and legal notice periods and dates. A termination can also be issued even without reason, although reason must be provided at a later date if the tenant requests it.
Freedom of termination is restricted by the protection against termination. That is why landlords are well advised to check the reason for termination against the standards of the protection against termination before terminating a rental agreement. This way, you may be able to prevent any potential wrongful termination. Temporary rental agreements are generally non-terminable and end upon expiration of the contractually agreed term. In exceptional cases, temporary rental agreements can be dissolved for good cause prior to the expiration of the contractual term.
There are also various reasons that would give you, as the landlord, the right to dissolve the rental agreement. For example, when a tenant's rent is in arrears, their conduct is in breach of the agreement, or you can assert an urgent personal need to occupy the premises yourself.
A tenant is in arrears if they pay rent due or ancillary costs late. It is important that you set the tenant a payment deadline in advance and threaten to terminate the rental agreement in writing if the deadline passes without payment.
A tenant is in breach of contract if they violate their duty of care and regard. In this case, it is important that you send the tenant a written warning in advance and request the tenant to cease their wrongful conduct.
As a new owner, you can claim an urgent personal need to occupy the premises for yourself, close relatives, or in-laws. In these cases, you can terminate the rental agreement as at the next possible termination date, provided the agreement does not allow any earlier dissolution.
You will find all the key information on your rights and obligations in our fact sheets.