What Art. 264 OR asks for
| Condition | Meaning |
|---|---|
| A new tenant is proposed | You name a concrete person. An advert alone is not enough |
| Acceptable to the landlord | The landlord can reasonably be expected to accept the person |
| Able to pay | The person can afford the rent |
| Same terms | The person is willing to take over the lease as it is, including the rent |
If these points are met, you are free of your obligations. If not, you owe the rent until the lease ends or can be ended. The landlord must deduct the expenses saved and what is earned by using the flat otherwise, or what was deliberately not earned (Art. 264 OR).
How to do it, step by step
- Tell the landlord in writing that you will leave early, and name the date you return the flat.
- Advertise the flat at the current rent.
- Have each interested person fill in an application and add a debt extract (Betreibungsauszug).
- Send the applications to the landlord by registered post and keep copies and the postal receipt.
- Move out on the date you named and return every key.
These steps follow the guidance of the Swiss tenants' association (Mieterinnen- und Mieterverband). It also says:
- One suitable person is enough by law. More candidates lower your risk if one withdraws.
- A clean debt extract usually shows the ability to pay. Rent above one third of household income is a warning sign, not a strict rule.
- The landlord needs time to check. The association names about 10 to 20 days for professional managers and up to 30 days for private landlords.
- You stop paying from the date your candidate would have taken over the flat.
Common mistakes
- Leaving without a candidate and stopping payment. The rent stays owed.
- Proposing a person who wants a lower rent or other terms.
- Giving the landlord no documents to judge the ability to pay.
How aptari helps
If you are the one taking over a flat, the Tenant Passport holds what the landlord wants to see: ID, salary certificate, debt extract and references, built once. aptari reads each document at upload and shows what is missing, so your dossier is complete when the leaving tenant passes it on. If you are the one leaving, the feed helps you find your next home across the large portals and about 800 cooperative websites.
This is general information, not legal advice.