Finding a replacement tenant: leaving your flat early
When you can move out before the notice period ends, what counts as a suitable replacement tenant and how to pass applications on to the property management.
Flats are usually terminated with three months’ notice to a customary local date (Art. 266c CO). If you want to leave earlier, you can propose a replacement tenant (Art. 264 CO). If the person is acceptable and takes over the lease on the same terms, you no longer owe the rent.
What makes a replacement tenant acceptable
- Able to pay: as a rule of thumb, the rent is at most a third of income.
- Willing to take over the lease – at the same rent and from the proposed date.
- Acceptable to the landlord: only objective reasons count, not general reservations.
How to go about it
- Tell the property management in writing that you want to move out early and from when.
- Advertise the flat and collect complete applications.
- Propose at least one suitable person with documents – several is better.
- Keep a record of whom you proposed and when.
The property management may check the candidates; about a month is usual. If it rejects an acceptable replacement without good reason, you are released anyway. The property management – not you – decides on the new lease.
Privacy: you are not the landlord
As the outgoing tenant you need no payslips or ID copies. On this platform you only see verified results and pass selected applications on to the property management via a protected link, with the applicants’ consent.
This overview is not legal advice. The cantonal conciliation authorities and homeowners’ and tenants’ associations can help with questions.
Frequently asked questions
Do I have to propose several replacement tenants?
The law requires one acceptable replacement. Several proposals do, however, increase the chance of a quick yes from the property management.
How long may the property management take to check?
About a month is usual. Hand in complete documents so the check is not delayed.
What if the property management asks for different terms?
The replacement only has to take over the lease on the same terms. If the property management asks for a higher rent, for example, and the candidate withdraws because of it, you are generally released anyway.