Ending a tenancy after a death

For many relatives, it is the most expensive surprise after a death: the flat is empty, but rent remains payable. This often continues for four to five months.

Like other contracts, the tenancy does not end when the tenant dies. It passes to the heirs. They therefore become parties to the contract, with all its rights and obligations.

The heirs’ special right to give notice

The Swiss Code of Obligations (OR) gives heirs their own right to give notice: they may give the statutory notice for the next statutory termination date.

This right applies regardless of the terms of the contract:

• A minimum tenancy period does not prevent the heirs from giving notice.
• A longer contractual notice period, such as six months, does not apply to the heirs.
• The heirs may also give notice under a fixed-term contract.

For residential property, the statutory notice period is three months. The customary local termination dates apply. If there are none, notice may be given for the end of a three-month tenancy period. In the City of Zurich, the traditional dates are 31 March, 30 June and 30 September. However, many newer contracts specify different or monthly dates. Check the contract.

An example: the death occurs on 8 May, and the customary local dates are in March, June and September. To end the tenancy at the end of June, notice would have had to be given by the end of March. That deadline has passed. The next date is 30 September, with notice due by the end of June. Rent therefore remains payable until the end of September, or nearly five months for an empty flat.

At a monthly rent of CHF 2’100, this amounts to more than CHF 10’000. It is therefore worth considering alternatives.

Formal requirements

Notice must be given in writing and sent by registered post so that its receipt can be proved.

Two problems frequently arise in practice:

All heirs must sign. Giving notice is a decision concerning a legal relationship belonging to the estate. If only one heir signs, the landlord may reject the notice as invalid. Obtain all signatures or enclose a power of attorney. If an executor has been appointed, the executor signs.

The decisive date is when the notice reaches the landlord. The postmark is irrelevant. Notice sent on the 30th but received on the 2nd will take effect only on the following termination date after the next one. Allow two to three working days as a margin.

These enclosures speed up the process: a copy of the death certificate, details of a contact person with their address and telephone number, and a proposed date for the handover inspection. This allows the property manager to proceed more quickly without further enquiries.

Finding a replacement tenant as a quicker option

Anyone who provides a suitable replacement tenant is released from the contract early. The replacement tenant must:

• be solvent,
• be willing to take over the tenancy on unchanged terms,
• and be acceptable to the landlord.

If these conditions are met, the rent obligation ends from the date on which the replacement tenant could take over the tenancy, even if the landlord rejects them.

Propose several candidates in writing and provide complete documents, including the application form, debt enforcement register extract (Betreibungsauszug) and proof of salary. Set a deadline for a response. Keep records of everything. If a candidate is rejected, request a written explanation.

A flat in the canton of Zurich offered at the existing rent almost always attracts interested applicants. Posting adverts over two or three evenings involves little effort compared with saving three months’ rent.

The second option is a mutual agreement to end the tenancy. In the event of a death, many property managers are willing to end the contract early, particularly if the flat is due to be renovated or let again in any case. Asking costs nothing and succeeds more often than expected.

If someone is still living in the flat

If a spouse or registered partner lived in the flat, the situation is different. They have their own entitlement to the family home, and the tenancy cannot simply be ended without their agreement. The landlord may also end a family home tenancy only under more restrictive conditions.

For unmarried partners and flatmates, their entitlement depends on whether they are named in the tenancy agreement. Anyone not named in it has no entitlement of their own. However, the landlord has some discretion. Start the discussion early.

What must be done before handover

There are typically three months between giving notice and the handover inspection. Proceed in this order:

1. Agree the handover inspection date in writing. Do not wait for the property manager. A morning appointment still leaves time to correct any issues on the same day.
2. Clarify who the heirs are. Do not clear the property until the deadline for disclaiming the inheritance has passed or the inheritance has been accepted. → Disclaiming an inheritance
3. Schedule the clearance at least one week before the handover inspection.
4. Book the final cleaning for immediately after the clearance and shortly before the return date. This avoids leaving the cleaned flat empty for weeks.
5. Repair minor damage, such as wall-plug holes, loose cupboard handles and missing duplicate keys.
6. Take meter readings and cancel the electricity and gas supplies.
7. Count all keys, including those for the cellar, letter box and laundry room, as well as any access badge. Missing keys are among the most common deductions made at the handover inspection.

→ Flat handover: what “swept clean” requires

The rent deposit

The deposit forms part of the estate. It is released after the handover inspection, less any justified claims by the landlord. The bank will release it only with both parties’ consent or on the basis of a court judgment. If the landlord has not initiated debt enforcement proceedings or legal action within one year, the tenant may request repayment.

To receive the payment, the heirs need a certificate of inheritance (Erbbescheinigung) and, if there are several heirs, all their signatures. Take this into account if you are paying the clearance costs in advance.

In summary

The rental costs following a death can be reduced. These three measures are listed in order of their effect:

1. Give notice immediately, even if not everything has been clarified. Giving notice is an administrative act and does not count as accepting the inheritance.
2. A replacement tenant provides the greatest saving, often several months’ rent. Start looking early.
3. Plan the clearance and cleaning early so that the condition of the flat does not prevent the handover inspection from going ahead.

General information on Swiss tenancy law, not legal advice. In the event of a dispute, the conciliation authority for tenancy and lease matters (Schlichtungsbehörde in Miet- und Pachtsachen) is the first point of contact.