Tenancy law guide Zurich

Ending a lease early in Zurich with a replacement tenant

If you move out of a rented flat in Zurich before the termination date, you are released from the rent earlier only with a suitable replacement tenant (Nachmieter). This guide shows what Art. 264 of the Swiss Code of Obligations (CO) requires, how the Zurich courts apply it and what belongs in your proposal to the landlord.

Have a replacement tenant found

One replacement tenant is enough
Review normally 10 to 30 days
Checklist for your proposal
Practice of the Zurich courts

When you end a lease early (in German «ausserterminliche Kündigung»), you are released from the rent before the next termination date, in Zurich as everywhere in Switzerland, only if you propose a new tenant who is acceptable to the landlord, solvent and willing to take over the lease on the same terms (Art. 264 CO). A single suitable candidate is enough, the courts of the Canton of Zurich state; the landlord may normally take 10 to 30 days to review the proposal (as of 09.11.2026). Without a suitable replacement tenant you owe the rent until the lease ends or can be ended under the contract or the law.

alphakey GmbH, Wettswil am Albis · 09.11.2026

What is an early termination of a lease?

An early termination (ausserterminliche Kündigung), often described as giving up a flat early, means returning a rented flat without observing the notice period or the termination date. The Swiss Code of Obligations governs it in Art. 264 CO under the heading «early return of the property». Under paragraph 1 you are released from your obligations only if you propose a new tenant who is acceptable to the landlord, solvent and willing to take over the lease on the same terms.

Without a suitable replacement tenant you owe the rent until the time at which the lease ends or can be ended under the contract or the law (Art. 264 para. 2 CO). The Swiss Tenants' Association describes the consequence as follows: you are liable at most until the next possible contractual termination date, counted from your first notification of the early move and taking the notice period into account.

According to the Zurich courts, the landlord may not refuse to take the flat back, even if you find no replacement tenant. The landlord must set off against the rent claim any expenses saved and anything earned, or intentionally not earned, by using the flat in another way (Art. 264 para. 3 CO). The courts give lower heating costs after the move as an example.

What conditions must the replacement tenant meet?

A replacement tenant must meet three conditions under Art. 264 para. 1 CO: the person is acceptable to the landlord, is solvent, and is willing to take over the lease on the same terms. If one of them is missing, you remain bound by the lease. In judgment 4A_561/2011 of 15.02.2012 the Federal Supreme Court dismissed the appeal of tenants whose candidate, according to the findings of the lower court, was not willing to take over the lease.

The burden of proof for the requirements of Art. 264 para. 1 CO lies with the outgoing tenant (Cantonal Court of St. Gallen, decision BZ.2004.38 of 04.11.2004). The Zurich courts note that you bear the risk of whether the candidate is acceptable and really willing to sign. In case of a dispute, according to the Tenants' Association, you must be able to prove when you reported which person.

Acceptable: the candidate offers assurance that the flat will be used in accordance with the lease (Zurich courts). Vague misgivings, dislike or a negative attitude on principle towards a group of people are not enough for a rejection; well-founded doubts about solvency or foreseeable trouble for other tenants, by contrast, are valid reasons (BGE 119 II 36, consideration 3d).
Solvent: the candidate can pay the rent and ancillary costs in full and on time (Tenants' Association).
Same terms: the extent of the rented property and the amount of the rent stay the same. As a rule, the landlord may reject a candidate who is only willing to pay a lower rent (BGE 117 II 156).

How many replacement tenants do I have to propose?

You have to propose one replacement tenant, not three: «a single replacement tenant is enough», the Zurich courts state on Art. 264 CO. According to the Tenants' Association, the three-candidate rule comes from the former tenancy law; since July 1990 the revised law has applied, under which one solvent and acceptable person is sufficient (tenancy tip of 04.09.2024).

The Tenants' Association recommends reporting several replacement tenants, because applicants quite often withdraw before signing. Without an adequate offer you are liable, according to the Zurich courts, for the rent until the next termination date.

What may the landlord check about the replacement tenant?

The landlord may check whether the replacement tenant is solvent and acceptable. As a rule of thumb of the Zurich courts, the rent for a flat should not exceed one third of net income. According to the Tenants' Association, the formula cannot be applied rigidly; the circumstances of the individual case count.

A current debt enforcement register extract (Betreibungsregisterauszug) is, according to the Tenants' Association, the usual proof of solvency. Isolated entries do not rule solvency out; several enforcement proceedings, above all by the tax office or a health insurer, are considered insufficient. Anyone who cannot provide proof of salary may be able to prove payment with a confirmation from the social welfare authority. The specialist publisher WEKA considers a request for the salary statement (Lohnausweis) questionable from a data protection point of view.

How long may the landlord take to check the replacement tenant?

For the review of the replacement tenant the landlord may, according to the Zurich courts, normally take 10 to 30 days; Art. 264 CO itself sets no fixed period. The courts state that the landlord must be given enough time and that the duration also depends on the quality of the documents you supply about the replacement tenant (as of 09.11.2026).

On its guidance page the Tenants' Association cites 14 to 30 days depending on the situation; in its tenancy tip of 04.09.2024 it writes that 10 to 20 days should be enough for professional landlords, while private landlords may take up to 30 days. A landlord who does not review the candidates within a reasonable time, or does not communicate the result, forfeits the claims under Art. 264 CO. The Lucerne High Court (Obergericht Luzern) ruled this way on 12.12.2012 (1B 12 26, LGVE 2013 I Nr. 6) in a case where the landlord answered only about three months after the proposal.

The Tenants' Association advises reporting replacement tenants as early as possible and asking, after about 10 days, for written confirmation that you have been released from the lease.

What applies if the landlord rejects a suitable replacement tenant?

The landlord does not have to accept the proposed replacement tenant. If, however, the landlord rejects a candidate who meets the requirements of Art. 264 CO, the landlord has no claims against you arising from the early return (Federal Supreme Court, judgment 4P.6/2007 of 24.04.2007, consideration 4.1). According to the Zurich courts and the Tenants' Association, you then owe no more rent from the time at which the replacement tenant would have taken over the flat.

Whether a replacement tenant was acceptable is decided, in a dispute, by the conciliation authority or the court. The Tenants' Association advises asking for written reasons if a candidate is rejected and obtaining written confirmation from the rejected candidate that they would have taken over the flat on the agreed date and on the same terms.

According to the Zurich courts, it counts as a rejection if the landlord does not respond and refuses to take back the keys, declines to consider the proposals, demands a higher rent or is only willing to let part of the rented property. If the landlord does not take the keys back, the courts advise returning them by registered post.

Ordinary termination: which notice periods and dates apply in Zurich?

An ordinary termination of a flat needs no replacement tenant: under Art. 266c CO the notice period is three months to a customary local date or, where there is no local custom, to the end of a three-month rental period. The three months are a minimum. How many and which termination dates apply may be agreed freely by the parties in the lease (Art. 266a para. 1 CO; Zurich courts).

In the city of Zurich there are, according to the Zurich Tenants' Association (Mieterinnen- und Mieterverband Zürich), only two customary termination dates a year; a fact sheet of the association names the end of March and the end of September as customary in Zurich (retrieved on 09.11.2026). According to the association, standard lease forms increasingly allow notice to the end of any month. Your lease is therefore decisive; if it says nothing, the conciliation authority of your district will tell you the customary dates.

A notice that misses the period or the date takes effect on the next possible date (Art. 266a para. 2 CO). According to the Tenants' Association, what counts is the day on which the notice reaches the landlord, not the postmark.

Early and ordinary termination of a flat compared
	Early termination	Ordinary termination
Law	Art. 264 CO	Art. 266a and 266c CO
Requirement	acceptable, solvent replacement tenant, willing to take over on the same terms	none, only notice period and date
Period	no period in the law; review normally 10 to 30 days (Zurich courts)	at least three months to a contractual or customary local date
Rent ends	at the time the replacement tenant takes over or would have taken over; without a suitable replacement tenant on the next ordinary termination date (Art. 264 para. 2 CO)	on the termination date

Which form applies to the notice and the replacement tenant proposal?

Notice terminating the lease of a flat must be given in writing (Art. 266l para. 1 CO), that is, with a handwritten signature; a fax or an e-mail is not enough according to the fact sheet of the Tenants' Association. Only the landlord has to use the form approved by the canton (Art. 266l para. 2 CO). A notice that breaches these rules is void (Art. 266o CO).

For a family home, one spouse may terminate the lease only with the express consent of the other; the same applies to registered partnerships (Art. 266m CO). According to the Tenants' Association, the consent may also be sent to the landlord separately, but it must arrive before the notice period begins.

An early return with a replacement tenant is possible, according to the Zurich courts, even if it is not announced in writing. For reasons of proof the courts nevertheless recommend a registered letter; the Tenants' Association advises keeping copies and the postal receipt.

What belongs in the replacement tenant proposal

A replacement tenant proposal contains the details of the candidate, the proof of solvency and the takeover date. The checklist follows the recommendations of the Tenants' Association and the Zurich courts. Both provide templates, linked under the sources at the end of this page: the courts a sample letter for returning the rented property early («Mietsache ausserterminlich zurückgeben»), the association a form for reporting replacement tenants.

Covering letter with your name, the address of the flat and the statement that you are moving out early
Date on which the replacement tenant wishes to take over the flat
Reporting form for each candidate, completed and signed (form of the Tenants' Association or of the landlord)
Current debt enforcement register extract for each candidate
Details of income; without proof of salary, possibly a confirmation from the social welfare authority
Written confirmation from the candidate that they are willing to take over the lease on the same terms
Send by registered post; keep the postal receipt and copies of all documents
After about 10 days: ask for written confirmation that you have been released from the lease

Finding a replacement tenant yourself or having one found

Under Art. 264 CO, proposing the replacement tenant is the outgoing tenant's task: the listing, the viewings and the files are up to you. If you do not have the time, you can commission alphakey's replacement tenant search in the city of Zurich, on the left shore of Lake Zurich and in the surrounding area. alphakey advertises the flat with photos and text, shows it to interested parties and checks the files and the creditworthiness; your contacts are Victoria and Artur Pfeifer. The fee is one month's gross rent, that is, net rent plus ancillary costs, and is agreed in a written brokerage contract. The landlord decides on the replacement tenant; alphakey cannot promise the landlord's acceptance.

Frequently asked questions about ending a lease early

Does the landlord have to accept my replacement tenant?

No. If, however, the landlord rejects a candidate who meets the requirements of Art. 264 CO, the landlord has, according to the Federal Supreme Court (judgment 4P.6/2007 of 24.04.2007), no claims against you arising from the early return. According to the Zurich courts, you then owe no more rent from the time at which the replacement tenant would have taken over the flat.

Can I move out immediately if I have a replacement tenant?

You can move out at any time. You are released from the rent from the time at which an acceptable, solvent replacement tenant takes over the lease on the same terms, or would have taken it over, but at the latest on the next ordinary termination date (Art. 264 para. 2 CO).

May the replacement tenant ask for a lower rent?

Art. 264 CO requires willingness to take over the lease on the same terms. As a rule, the landlord may reject a candidate who is only willing to pay a lower rent (BGE 117 II 156). If, conversely, the landlord demands a higher rent from the replacement tenant, the Zurich courts treat this as a rejection.

Is there a template for the replacement tenant proposal?

Yes. On gerichte-zh.ch the Zurich courts offer a sample letter for returning the rented property early («Mietsache ausserterminlich zurückgeben»), and the Swiss Tenants' Association offers a form and a sample letter for reporting replacement tenants. The checklist on this page shows which documents belong with it.

Which termination dates apply in the city of Zurich?

The dates in your lease are decisive. If it says nothing, the customary local dates apply: in the city of Zurich there are two a year according to the Tenants' Association, the end of March and the end of September (retrieved on 09.11.2026). The conciliation authority of your district can tell you which dates apply where you live.

Do I need a form to give notice?

No. As a tenant you give notice in writing with a handwritten signature (Art. 266l para. 1 CO). The form approved by the canton is only required for notice given by the landlord (Art. 266l para. 2 CO).

Can I sublet the flat instead?

Subletting needs the landlord's consent (Art. 262 CO), and you remain a party to the lease. A tenant who no longer intends to use the flat at all and in reality uses the sublet to substitute another tenant is, according to the Federal Supreme Court, abusing the law and cannot rely on the right to sublet (BGE 134 III 446, consideration 2.4).

General information, not legal advice. Your lease and the Swiss Code of Obligations (CO) are decisive (wording from fedlex.admin.ch, retrieved on 09.11.2026). For an assessment of your case, contact the Zurich Tenants' Association (Mieterinnen- und Mieterverband Zürich) or the conciliation authority of your district.

Have a replacement tenant found

Send us the address, the gross monthly rent and your planned moving-out date, without obligation. We will reply with the process and the brokerage contract for you to review.

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