Terminating a lease: notice periods and form

A faulty termination costs months of rent

Unfortunately, we regularly see tenants who have already signed a new lease, booked the removal firm and sent their notice, only to be told by the landlord that the letter arrived too late. The lease does not end when the tenant moves out but on the next termination date, and the rent remains due until then. On the other side is the owner who terminates with a letter he drafted himself and discovers, months later, that the termination was never valid.

A termination of a lease often fits on a single page. The rules of the Code of Obligations that govern it are nonetheless strict, and they are not the same for tenant and landlord. The necessary distinctions therefore have to be drawn. For an overview of the field, see our page on tenancy law.

Notice periods and termination dates (art. 266a–266e CO)

The first document to read is the lease itself. If the lease is for a fixed term, it ends on the agreed date without any notice (art. 266 CO). If the parties tacitly let it continue, it becomes a lease of indefinite duration.

For leases of indefinite duration the law sets two separate elements. The notice period is the minimum time that must elapse between receipt of the notice and the end of the lease. The termination date is the date for which notice may be given. For residential premises the notice period is three months (art. 266c CO), for commercial premises six months (art. 266d CO), and for furnished rooms and separately let parking spaces two weeks to the end of a month (art. 266e CO).

The termination dates are those agreed in the lease. If the lease is silent, the date fixed by local custom applies and, in the absence of such custom, the end of a three-month period of the lease. The parties may agree a longer notice period than the statutory one, but not a shorter one (art. 266a para. 1 CO).

An example: the lease provides for termination on three months' notice for 30 June. The notice must reach the landlord by 31 March at the latest. If it arrives on 2 April it is not void, but it takes effect only for the next termination date (art. 266a para. 2 CO), and if the lease provides for only one termination date a year, the tenant remains bound for another twelve months.

What counts is the date of receipt, not the postmark. In practice, it is advisable to send the notice at least ten days or so before the deadline.

Form: in writing, and for the landlord on the official form (art. 266l–266o CO)

Notice terminating a lease of residential or commercial premises must be given in writing (art. 266l para. 1 CO), that is, by a letter signed by hand. An e-mail or a WhatsApp message is not enough. If the lease is in the name of several tenants, all of them must sign the notice.

The landlord faces an additional requirement: notice must be given on a form approved by the canton, which tells the tenant how to challenge the termination or apply for an extension of the lease (art. 266l para. 2 CO). In Ticino this is the form issued by the Department of Institutions (in Italian). An ordinary letter, even sent by registered post and fully reasoned, is no substitute.

It should be noted that the family home has its own rules. A married tenant, or one in a registered partnership, may terminate only with the express consent of the spouse or partner (art. 266m CO). The landlord, for his part, must serve the notice separately on the tenant and on the spouse, in two distinct mailings (art. 266n CO).

A termination that does not meet these conditions is void (art. 266o CO). It is as if it had never been given, and the lease continues. Nullity does not have to be invoked within any time limit, but anyone who receives a defective notice would still do well to respond promptly, in writing.

Moving out before the termination date (art. 264 and 266g CO)

A tenant who wants to leave without observing the notice period and termination dates has only one way to be released: proposing a new tenant who is solvent, whom the landlord cannot reasonably refuse and who is willing to take over the lease on the same terms (art. 264 CO). The candidate should be proposed in writing, with documents showing that he or she is solvent.

Without a replacement, the tenant owes the rent until the next available termination date. An example: rent of CHF 1'850 a month, next termination date 31 March, job relocation at the end of October. Without a replacement tenant, the tenant still owes five months' rent, CHF 9'250. The landlord must, however, allow for the expenses saved and for whatever he earns by re-letting sooner, or intentionally forgoes earning (art. 264 para. 3 CO).

In Parliament, a motion called for tenants in regions with a housing shortage to be exempted from having to find a replacement. The motion was disposed of in 2024: the rule in art. 264 CO still applies.

Termination for good cause (art. 266g CO) is a different matter: either party may give it, with the statutory notice period, for any date. It requires, however, circumstances that make performance of the contract unconscionable and that were not foreseeable when it was concluded. The court determines the financial consequences, and the party terminating should expect to pay compensation to the other.

I have received notice: challenge and extension (art. 271–273 CO)

A tenant who receives notice has 30 days from receipt to challenge it before the conciliation authority for tenancy matters where the property is located (art. 273 CO). The deadline is strict: once it has passed, the termination can no longer be challenged. Ticino has eleven such conciliation offices. No court costs are charged in conciliation proceedings (art. 113 para. 2 let. c CPC).

A termination may be challenged if it contravenes the principle of good faith (art. 271 CO), and the party giving notice must state its reasons if the other party asks. Art. 271a CO lists the typical cases: notice given because the tenant asserted claims under the lease in good faith, notice intended to force a rent increase, and notice given during conciliation or court proceedings, or within three years after proceedings in which the landlord largely lost.

If the termination is valid, the tenant may still apply for an extension of the lease where ending it would cause him or his family hardship not justified by the landlord's interests (art. 272 CO). The extension may last up to four years for residential premises and up to six for commercial premises (art. 272b CO). It is excluded, among other cases, where notice was given because the tenant was in arrears with the rent (art. 272a CO). If the authority dismisses the challenge, it still examines of its own motion whether the lease can be extended (art. 273 para. 5 CO).

What it means for the parties

For the tenant: check the notice period and termination dates in your lease before signing a new one elsewhere. Send the notice by registered post well in advance, signed by all tenants and, if it concerns the family home, by your spouse too. If you want to leave earlier, find a replacement tenant and propose him or her in writing. If you receive notice, write down the day you received it: the 30 days run from then.

For the landlord: always use the official cantonal form, including for termination after a payment demand (art. 257d CO), and serve it separately on the tenant's spouse. Do not give notice right after the tenant has reported a defect or raised a complaint: that is the typical case of a termination open to challenge. If the tenant proposes a replacement, consider the candidate seriously, because an unjustified refusal releases the tenant anyway.

Frequently asked questions

When does the three-month notice period for my flat start?

It is counted backwards from the termination date. To terminate the lease of a flat for 30 June on three months' notice, the landlord must receive the notice by 31 March (art. 266c CO). What counts is the date of receipt, not of sending. If the notice arrives late, it takes effect for the next termination date (art. 266a para. 2 CO).

Can I terminate my lease by e-mail?

No. Terminating a lease of residential or commercial premises requires written form (art. 266l CO), meaning a letter with a handwritten signature. An e-mail or a text message does not meet this requirement, and the termination is void (art. 266o CO). If there are several tenants, all of them must sign.

Can I move out before the termination date without paying?

Only if you propose to the landlord a solvent new tenant whom the landlord cannot reasonably refuse and who takes over the lease on the same terms (art. 264 CO). Otherwise the rent is due until the next termination date, less whatever the landlord saves or earns by re-letting sooner.

My landlord terminated with an ordinary letter: is the termination valid?

No. The landlord must use the official form approved by the canton (art. 266l para. 2 CO). A termination given without the form is void (art. 266o CO) and the lease continues as if nothing had happened. It is still wise to reply in writing and take advice, because the landlord can put things right with a new, valid notice.

How long do I have to challenge a termination?

30 days from receipt, by filing a request with the conciliation authority where the property is located (art. 273 CO). An extension of the lease must be requested within the same time limit. No court costs are charged in conciliation proceedings concerning residential and commercial leases (art. 113 para. 2 let. c CPC).