| Type of Lease | Termination Deadline | Customary Date (GE / VD) | Official Form? | Legal Basis |
|---|---|---|---|---|
| Dwelling (open-ended) | 3 months | 1 April / 1 October | Yes (art. 266l CO) | Art. 266a CO |
| Commercial premises | 6 months | Contractual date | Yes (art. 266l CO) | Art. 266d CO |
| Furnished dwelling (weekly/monthly) | 2 weeks | End of week or month | Not required | Art. 266b CO |
| Fixed-term lease | None (automatic end) | – | – | Art. 266 CO |
| Extraordinary termination (non-payment — dwelling) | 30 days (after formal notice) | – | Yes | Art. 257d CO |
| Extraordinary termination (non-payment — commercial) | 10 days (after formal notice) | – | Yes | Art. 257d CO |
| Contestation of notice (forfeiture deadline) | 30 days from receipt | – | – | Art. 273 para. 1 CO |
Lease termination is one of the most litigious areas of Swiss law. It is governed by a detailed legal regime that sets the deadlines and forms for ordinary notice (arts. 266a to 266o CO) and establishes protection against abusive notices (arts. 271 and 271a CO). PBM Avocats assists its clients — residential tenants, commercial tenants and landlords — at every stage of the procedure, from receiving or notifying a notice to representation before the conciliation authority and the court.
Ordinary Notice: Deadlines and Form (Arts. 266a–266o CO)
The lease agreement of indefinite duration ends by ordinary termination. The deadlines and dates are set by arts. 266a to 266e CO according to the type of property leased. For dwellings, the legal deadline is three months for a contractual due date or, failing that, for a customary local date (art. 266a CO). In Geneva and the canton of Vaud, the customary dates are 1 April and 1 October. For commercial premises, the deadline is six months for a contractual due date or customary date (art. 266d CO). Special shorter deadlines apply to furnished lettings, hotel accommodation and service housing.
The lease agreement may provide for longer deadlines than the legal deadlines, but not shorter ones (art. 273c CO). When the parties have agreed on a contractual deadline, this deadline prevails over the legal deadline, provided it is not less favourable to the tenant than the legal deadline. The computation of deadlines follows the rules of art. 77 CO: the deadline begins to run the day after notification of the notice and expires on the last day of the fixed period. PBM Avocats systematically verifies the validity of the deadlines applied and signals any irregularity likely to affect the validity of the notice.
Formal Requirements for Notice: The Official Form (Arts. 266l–266n CO)
A notice given by the landlord for an apartment, a house or commercial premises must be notified on the official cantonal form approved by the competent cantonal department (art. 266l para. 1 CO). This form indicates the grounds for the notice, the termination deadlines and the legal remedies available to the tenant. It is printed separately for each canton — Geneva has its own official form, the canton of Vaud has its own. The jurisprudence of the Federal Supreme Court has clarified that sending a simple letter or email, without the official form, renders the notice null (art. 266l para. 2 CO).
When the leased property serves as the family home, the notice must be notified separately to the tenant and their spouse or registered partner (art. 266n CO). This double notification must comply with the same deadlines and forms. Failure to notify the notice to the spouse or partner renders the notice null vis-à-vis both. This rule protects the family home against a termination that the tenant-leaseholder may have accepted without informing the other spouse. PBM Avocats checks the formal regularity of the notice before advising on the strategy to adopt.
Protection Against Abusive Notice (Arts. 271 and 271a CO)
The Swiss legislature has established substantial protection against notices given in bad faith. Under art. 271 para. 1 CO, a notice is voidable when it contravenes the rules of good faith. Art. 271a CO establishes a non-exhaustive list of situations in which the notice is presumed abusive, notably when it is given because the tenant in good faith has asserted claims arising from the lease (rent contestation, reporting a defect, repair request), in retaliation for judicial proceedings, or in order to acquire the leased property for a third party on more advantageous terms.
The protection of art. 271a CO also applies when the notice is given during conciliation or judicial proceedings relating to the lease, or within three years following the end of such proceedings (art. 271a para. 1 let. d CO). The landlord may rebut the presumption of abuse by proving they had a legitimate and preponderant reason for the termination. It then falls to the court to freely assess whether the circumstances reveal an abuse of rights or not.
Contestation Procedure for Notice (Art. 273 CO)
The tenant wishing to contest a notice — either by having it annulled or by requesting a lease extension — must seize the competent conciliation authority within thirty days of receiving the notice (art. 273 para. 1 CO). This deadline is mandatory and its compliance conditions the admissibility of any subsequent action. In Geneva, the competent conciliation authority in tenancy matters is the Commission de conciliation en matière de baux et loyers; in the canton of Vaud, it is the Justice of the Peace. If conciliation fails, the authority issues an authorisation to proceed and the tenant may seize the competent court within thirty days (art. 209 CPC).
The tenant may also request, within the same deadline, extension of the lease for a maximum of four years for dwellings or six years for commercial premises (art. 272b CO). The extension application and the annulment action against the notice may be combined and are often filed together. During the procedure, the lease is maintained until a final decision is reached. PBM Avocats assists its clients at every stage of this procedure, ensuring strict compliance with mandatory deadlines.
Frequently Asked Questions on Lease Termination
What are the legal termination deadlines for a residential lease in Switzerland?
For dwellings, the legal notice period is three months and the notice must be given for a contractual due date or, failing that, for a customary local date (art. 266a para. 1 CO). In Geneva and the canton of Vaud, the customary dates are 1 April and 1 October (semester), with three months' notice. For a furnished apartment rented by the week or month, the deadline is two weeks for the end of a week or month (art. 266b CO). A fixed-term lease ends without termination at the agreed date (art. 266 CO), but becomes an open-ended lease if the parties continue to perform it after this date (art. 266 para. 2 CO).
How must the landlord notify a notice to a residential tenant?
A notice given by the landlord to a residential tenant or commercial premises tenant must imperatively be notified using the official cantonal form approved by the competent cantonal department (art. 266l para. 1 CO). In the cantons of Geneva and Vaud, this form indicates the legal remedies available to the tenant. A notice given without this form is null (art. 266l para. 2 CO). Moreover, if the leased premises serve as the family home, the notice must be notified separately to the tenant and their spouse or registered partner (art. 266n CO), on pain of nullity. These formal requirements are frequently unknown to private landlords, resulting in null terminations.
What is an abusive notice within the meaning of art. 271 CO and how can it be contested?
A notice is voidable when it contravenes the rules of good faith (art. 271 para. 1 CO). The law presumes abuse notably if the notice is given because the tenant is in good faith asserting claims arising from the lease, or in retaliation for court proceedings (art. 271a para. 1 CO). The list of art. 271a CO is illustrative: courts recognise other abusive grounds. The tenant must contest the notice before the conciliation authority within thirty days of receiving the notice (art. 273 para. 1 CO). This is a forfeiture deadline and cannot be suspended or extended. PBM Avocats analyses the grounds for the notice and acts within the deadlines to preserve the tenant's rights.
Can the tenant request a lease extension in the event of termination?
Yes. When the end of the lease causes serious hardship for the tenant or their family that the landlord's interest does not justify, the court may grant an extension (art. 272 CO). For dwellings, the total extension may not exceed four years; for commercial premises it is limited to six years (art. 272b CO). The extension application must be filed before the conciliation authority within thirty days of receiving the notice (art. 273 para. 2 CO). The court or conciliation authority examines the respective interest of the parties taking into account the tenant's age, duration of occupation, the situation on the local rental market and the tenant's personal and family situation.
What is extraordinary termination for just cause and when does it apply?
Art. 266g CO allows either party to terminate the lease at any time for just cause, with notice equal to the minimum legal or contractual deadline. Just cause exists when performance of the contract until the next ordinary date is objectively intolerable for the terminating party. On the landlord's side, repeated payment delays despite formal notice (art. 257d CO) or serious neighbourhood disturbances allow extraordinary termination. For the tenant, a serious and persistent unrepaired defect may justify such termination. Extraordinary termination must be notified in the same forms as ordinary termination; in the event of contestation, the court freely assesses the circumstances.