Terminating a tenancy: Between arbitration, extension and eviction
Arbitration hearing Termination of rental apartment
If the landlord terminates the rental apartment, the tenant can contest the termination with the conciliation authority within 30 days of receipt and request an extension. If the parties cannot agree on a settlement, the conciliation authority can submit a proposal for a decision or issue the tenant with authorization to file a complaint with the tenancy court.
Extension of the tenancy
If the termination is valid, the conciliation authority usually proposes an extension of the tenancy for a maximum of four years for residential premises. Art. 272a of the Swiss Code of Obligations stipulates when an extension is excluded. In addition, the Federal Supreme Court has repeatedly confirmed that the tenant must provide evidence of concrete efforts to find a replacement property before the arbitration hearing. Without concrete search efforts, there is no entitlement to extension.
In the case of a final extension, the tenancy ends definitively and no further extension is possible. On the other hand, the tenant can request a second extension up to 60 days before the first one expires. If the landlord wants a final extension, this must be explicitly stated in the agreement, otherwise a first extension applies.
Expulsion order
If the parties agree on a definitive move-out date, the landlord should insist on an expulsion order in the settlement. This allows the landlord to request expulsion directly from the municipal authorities if the tenant does not move out on the agreed date.
Recommendations for landlords
If an extension is ruled out, it may still make sense for the landlord to grant a short final extension. This can avoid lengthy court proceedings with a corresponding “cold extension”. In an agreement, the landlord should ensure that a last extension is clearly formulated and insist on an expulsion order.