Finding a replacement tenant – Rights and obligations of all parties

By law, there are several things to consider when searching for a replacement tenant.

At the start of your tenancy, you signed a contract regulating all the details. For this article, the notice period is what matters. It is usually 3 months. However, you are not obliged to stay in the flat come what may. If you want to move out earlier for various reasons, you can: 

Find a replacement tenant

Searching for a replacement tenant is legal and common practice in Switzerland. The only condition is that the landlord must accept the new tenant. Proposing several replacement tenants is usually not a problem – as long as you present them in good time.

If you cannot find a suitable replacement tenant, you must pay rent until the contractually agreed move-out date. After that, the landlord is responsible for re-letting the property.  

How do you find a replacement tenant?

The best approach is to post an advert with photos that you can share on free portals and Facebook. Inform friends and acquaintances and ensure you use good photos – this increases the chance that potential tenants will find your flat desirable. 

A snappy, humorous description highlighting all the flat's best features also provides a great advantage. 

When you receive your first inquiries, it is best to invite several candidates at the same time. This increases your chances of finding someone while saving you time. 

Nowadays, interested parties usually bring their documents to the very first viewing because the housing market is so competitive, especially in cities. 

What is an early termination?

This is a move-out that does not align with the contractual notice dates and periods. If you find a reasonable replacement tenant – as mentioned – you can be released from your contractual obligations and leave the flat early. However, a notice period of around 30 days still applies here. 

Tenants' rights 

In general, every tenant has the right to terminate the contract at any time. The tenant has a free choice of replacements, provided they are people who in their view suit the flat. The personal connection must also be right – between the new tenant and the landlord. 

Are landlords allowed to reject replacement tenants?

Of course, a landlord is entitled to reject a potential tenant. A good landlord considers the building's environment and pays attention to various factors when selecting tenants. 

For example:

If only families with young children currently live in the building, the landlord is unlikely to rent his flat to a group of students.

Duties of the replacement tenant

Ideally, the perfect replacement tenant has the same income and family circumstances as you – after all, an adequate replacement is needed. For this reason, the replacement tenant is usually willing from the outset to take over the flat on the same terms. 

Note: By law, the landlord is not allowed to raise the rent intentionally simply because a new tenant moves in. Keep this in mind if you are considering taking over a tenancy. 

Conclusion

As a rule, you will find a replacement tenant quickly and easily in Switzerland. The new residents usually have to meet the same contractual conditions as you. 

A landlord can reject a candidate on the grounds that they are not a good fit for the building. However, a candidate with similar financial or family circumstances will usually be approved. Anyone looking for a replacement tenant should therefore keep this in mind.