Termination of lease after death: deadlines and template letter for heirs

The principle: death does not automatically terminate the lease

The death of a tenant does not automatically terminate the lease contract in Switzerland. This is a fundamental legal principle: the lease continues and the heirs become jointly and severally liable for the obligations of the deceased.

Article 266i of the Code of Obligations (CO) provides, however, an important exception: heirs have a specific right to early termination. Without this active step, the lease continues normally until its term.

This joint and several liability means that the property management company can claim the full amount of rent from any heir. To learn more about your rights as an heir, consult our guide on the death of a loved one without a will.

Article 266i CO: the right to early termination for heirs

Article 266i CO grants heirs a specific right to terminate the lease with a notice period of 3 months for the next legal term. This provision protects heirs from a contractual commitment they did not choose.

Unlike the usual lease rules, this right applies even if the contract provides for a fixed term or stricter termination clauses. It is a legal exception that takes precedence over contractual provisions.

To exercise this right, heirs must respect legal deadlines and follow a precise formal procedure. The termination of lease after death requires a registered letter explicitly mentioning this article.

Who are the legal heirs

In Switzerland, the hierarchy of legal heirs follows a precise order: descendants (children, grandchildren), the surviving spouse, parents and their descendants (brothers, sisters), then grandparents and their descendants.

All heirs are jointly and severally liable for rent and charges. This means that the property management company can demand full payment from any one of them, who must then turn to the others.

This joint and several liability applies even if the estate has not yet been officially settled. To understand the stages of succession, consult our article on deadlines for settling an estate.

The particular case of flatmates and subtenants

If the deceased lived in a flatshare with a joint lease, the surviving flatmates remain bound by the contract. They can either continue the rental or terminate according to the usual lease rules.

In the case of subletting, the situation depends on the contract: if the deceased was the main tenant, the heirs can terminate according to article 266i CO. The subtenant must then be informed and respect the legal deadlines.

Flatmates are not automatically heirs: their status depends solely on the legal relationship (lease) and not on family ties. This distinction is important to determine who can exercise the right to termination.

Legal deadlines for terminating the lease after a death

The termination deadline is 3 months for the next legal term. In Switzerland, legal terms vary by canton, but generally correspond to the end of March, June, September or December.

The 3-month period runs from the receipt of the termination letter by the property management company, not from the date of death. This is why it is crucial to act quickly after the death to avoid missing the next term.

If you exceed this deadline, the lease is automatically extended until the following term, with an obligation to pay rent in the meantime. Planning is therefore essential to minimise costs.

Calculating the next legal term: practical examples

Here are concrete examples for calculating the next legal term:

Death in January: Termination sent at the end of January, 3-month period, move-out at the end of April (if April is not a legal term, it will be the end of June)
Death in May: Termination sent at the beginning of June, 3-month period, move-out at the end of September
Death in November: Termination sent mid-November, 3-month period, move-out at the end of February (if not a legal term, it will be the end of March)

Always check the legal terms specific to your canton and your lease contract, as some leases provide for particular dates.

What happens if the deadline is exceeded?

If you miss the 3-month deadline for the next term, the lease is automatically extended until the following legal term. This can represent 3 to 6 additional months of rent to pay.

Heirs remain jointly and severally liable for all rent and charges during this extended period. The property management company is entitled to demand full payment, even if the accommodation is empty.

Tacit renewal applies as for any standard lease. There is no exception or legal leniency: respecting deadlines is imperative to avoid significant additional costs.

How to terminate the lease: the step-by-step procedure

The termination of lease after death follows a precise procedure in several steps:

Obtain the death certificate from the civil registry office
Write a termination letter mentioning article 266i CO
Attach a copy of the death certificate
Send everything by registered post with acknowledgement of receipt
Keep a copy of all documents

If the property management company requires a certificate of inheritance, you can obtain it from the notary or the supervisory authority for foundations. For all administrative procedures, consult our guide to formalities after a death.

Who can sign the termination letter

In principle, a single heir can sign the termination letter on behalf of all. The joint and several liability of heirs allows this individual step, as it commits the entire community of heirs.

If an executor has been appointed, they generally have the power to terminate the lease. Their mandate allows them to act to manage the affairs of the estate, including ongoing contracts.

In case of doubt, it is recommended that all heirs sign jointly to avoid any dispute. To understand who can act after a death, read our article on power of attorney after death.

Recommended method of sending: registered letter

Sending by registered letter with acknowledgement of receipt is absolutely essential. It is the only way to prove that the property management company received your termination and on what date.

The date that counts for calculating the 3-month period is that of receipt by the property management company, not that of sending. The acknowledgement of receipt serves as proof in case of dispute.

Keep the acknowledgement of receipt and a copy of the letter sent carefully. These documents are your proof in case of disagreement about compliance with deadlines or termination conditions.

Template termination letter after death

Here is a free template letter to terminate a lease after death. This template document contains all the mandatory information to exercise your right under article 266i CO.

The letter must be clear, formal and explicitly mention the legal basis. Do not forget to attach a copy of the death certificate and send everything by registered post.

Adapt the information in square brackets to your personal situation. This template complies with Swiss legal requirements and is recognised by property management companies.

Mandatory elements of the letter

Your lease termination letter must imperatively contain:

Complete identity of the deceased (surname, first name, date of birth)
Exact address of the accommodation and lease reference
Explicit mention of article 266i CO
Desired termination date (next legal term)
Complete contact details of the heirs (or their representative)
Date and signature(s)

The absence of one of these elements can make the termination invalid or contestable. Be precise and complete to avoid any misunderstanding with the property management company.

Example of complete letter to copy

[Your surname, first name and address]
[Postcode and city]
[Telephone number]
[Email]

[City], [date]

[Name of property management company or landlord]
[Address]
[Postcode and city]

Subject: Early termination of lease under article 266i CO following the death of [name of deceased]

Dear Sir or Madam,

By this letter, we inform you of the death of [surname and first name of deceased], which occurred on [date of death], tenant of the accommodation located at [complete address of accommodation], lease reference [number].

In accordance with article 266i of the Swiss Code of Obligations, we exercise our right to early termination of the lease with a notice period of 3 months for the next legal term, namely [desired end date].

We kindly ask you to confirm receipt of this termination and to inform us of the date of the move-out inspection.

Please find enclosed a copy of the death certificate.

We remain at your disposal for any questions.

Yours faithfully,

[Signature(s) of heirs]

Enclosure: Death certificate

Financial responsibilities of heirs during the notice period

Throughout the notice period, heirs remain jointly and severally liable for payment of rent and charges. This obligation runs until the actual move-out date from the accommodation.

Joint and several liability means that the property management company can claim the full amount due from any heir. The one who pays can then ask the other heirs to contribute according to their share of the estate.

These amounts are considered as debts of the estate and are deducted from the estate assets before distribution among heirs. It is therefore important to maintain regular payment to avoid penalties.

Rent and charges due

Heirs must pay:

Full monthly rent until the actual move-out date
Rental charges (heating, water, maintenance of common areas)
Possible additional costs (parking, cellar, laundry room)
Final charges statement if applicable

These amounts are deducted as a priority from the estate before any distribution. If the estate is insufficient, heirs may be required to pay from their own funds, unless they have renounced the estate.

Insurance and subscriptions linked to the accommodation

Also remember to terminate all contracts linked to the accommodation:

Household insurance (liability and contents)
Electricity and gas subscriptions if in the name of the deceased
Internet and fixed-line telephony
Cleaning or maintenance services

These terminations must be carried out separately according to the conditions of each contract. For a complete list of procedures, consult our guide to administrative formalities after a death.

The move-out inspection and return of the rental deposit

The move-out inspection is a crucial step to recover the rental deposit. It must be carried out in the presence of an heir or their representative and a representative of the property management company.

This inspection compares the current state of the accommodation with the move-in inspection. Differences noted (damage, abnormal wear) may give rise to deductions from the deposit.

The rental deposit (security deposit) is part of the estate and will be returned to the heirs after deduction of any claims by the property management company. The process can take several weeks.

Preparing the accommodation for the inspection

To maximise your chances of recovering the full deposit:

Completely empty the accommodation (furniture, personal effects, cellar, parking)
Deep clean (floors, walls, sanitary facilities, kitchen, windows)
Carry out small repairs (nail holes, joints, handles)
Return all keys (flat, letterbox, cellar, parking)

Well-maintained and clean accommodation greatly facilitates the inspection and speeds up the release of the deposit. Take photos before the inspection as proof.

Recovery of the rental deposit

The property management company has a legal deadline to assert its claims on the rental deposit. Generally, this deadline is several months after the actual move-out.

Once this deadline has expired without a claim, or after settlement of any disputes, the blocked deposit account is released. The funds are paid to the heirs according to their share of the estate.

The deposit is part of the estate assets. If several heirs share the estate, the deposit will be distributed proportionally according to the inheritance shares defined by law or the will.

Special cases and complex situations

Certain situations require particular attention when terminating a lease after death. Swiss law provides specific rules to protect the persons concerned.

The most common cases include the death of a spouse with a joint lease, renunciation of the estate, or flatshare and subletting situations already mentioned.

Each situation has its own rules and legal consequences. In case of doubt, do not hesitate to consult a notary or a lawyer specialising in tenancy law.

Death of a spouse: the right of the survivor to remain

When a spouse dies, the surviving spouse has the right to continue the lease alone, even if the contract was only in the name of the deceased. This right to remain is protected by law.

The surviving spouse must simply inform the property management company of the death and their wish to continue the rental. No termination is necessary in this case.

If the surviving spouse does not wish to continue, they can exercise the right to termination under article 266i CO like any other heir, with the 3-month deadline for the next legal term.

Renunciation of estate and lease

If all heirs renounce the estate (generally because debts exceed assets), responsibility for the lease becomes complex. The estate then passes to the bankruptcy office.

The bankruptcy office can terminate the lease according to the rules of article 266i CO. Heirs who have renounced are no longer responsible for future rents, but the procedure must be formalised.

This situation requires the intervention of a notary or a lawyer. Renunciation must be officially declared within legal deadlines (generally 3 months after knowledge of the estate).

Frequently asked questions about terminating a lease after death

Can the lease be terminated immediately after death?
No, the minimum period is 3 months for the next legal term, in accordance with article 266i CO.

What to do if the property management company refuses the termination?
The property management company cannot refuse a valid termination under article 266i CO. In case of refusal, consult a lawyer or contact the conciliation authority for leases.

Who pays if an heir cannot contribute?
The other heirs remain jointly and severally liable. The property management company can claim the full amount from one of them, who must then turn to the others.

Does the 3-month period run during holidays?
Yes, the period runs without interruption, including during holiday periods and public holidays.

Is a certificate of inheritance mandatory?
Not always. The death certificate is generally sufficient, but some property management companies may require it to ensure the identity of the legitimate heirs.

Terminating a lease after a death requires respecting precise rules. Heirs have a right to early termination under article 266i CO, with a notice period of 3 months for the next legal term. Sending a registered letter containing the essential information remains the safest method to protect your rights.

During the notice period, rent and charges remain due, and the inspection must be prepared carefully to recover the deposit. Special situations, such as the right of the surviving spouse to remain or renunciation of the estate, sometimes require legal support.

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