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Early return of a rented flat with a replacement tenant (Switzerland)

Switzerland · in English · for tenants

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For tenants in Switzerland who move out before the termination date: the letter to the landlord announcing the early return of the flat and proposing a replacement tenant (Nachmieter) who is solvent and willing to take over the lease on the same terms (Art. 264 of the Code of Obligations, CO). It gives the return date and the candidates, asks for an answer by a date and lists the documents enclosed. Print, have every tenant sign and send by registered post. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

  • Last updated November 4, 2026
  • Document in English

Published byDocMuse

When to use this document

  • You are leaving Switzerland earlier than planned and want someone to take over your flat.
  • You have found a Nachmieter for your flat and need to propose them to the landlord in English.
  • Your landlord insists on the full notice period although a replacement is ready to move in.
  • You want to hand back your rented flat early without paying rent until the next termination date.

What you fill in

The details the document asks for.

  • Tenant
  • Tenant's address
  • Landlord
  • Landlord's address
  • City
  • Date
  • Address of the property
  • Date of the contract
  • Date of the early return of the flat
  • Replacement tenant: name, current address, telephone, occupation (each person)
  • Deadline
  • Contact phone
  • Correspondence address

Common questions

What makes a replacement tenant one my Swiss landlord has to accept?
The person must be solvent and willing to take over the lease on the same terms — the same rent and the same duration (Art. 264 para. 1 CO) — with no objective reason against them. The landlord may check them like any other applicant and needs reasonable time to do so. Enclose what agencies (Verwaltung) usually ask for: the application form, a recent extract from the debt enforcement register (Betreibungsregisterauszug) and proof of income.
What rent do I owe if I leave a Swiss flat early and no replacement is found?
Rent until the lease ends, or could be ended, under the lease or the law (Art. 264 para. 2 CO). The landlord must credit expenses they save and what they earn, or deliberately fail to earn, from letting the flat to someone else (Art. 264 para. 3 CO). If you proposed an acceptable replacement tenant, you are released even if the landlord does not take them, from the day they could take over, once the landlord has had reasonable time to check them; the rent runs until then.
Is an English letter about a replacement tenant enough for a Swiss landlord?
Between private parties a letter in a language both understand is valid; if your lease is in German, French or Italian, agree the language with the landlord or use the version of this letter in the lease's language. Many tenants also send ordinary notice for the next termination date at the same time, so that the lease ends then if nobody takes it over. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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