After the death of a loved one, there is often a lot of organizational work to be done – such as giving notice to vacate the apartment. It is important to give notice in good time. Death does not automatically trigger termination. <\/p>\n\n\n\n
Certain long-term contracts<\/a> lapse by law upon the death of a contracting party (e.g. a contract). This is not the case with tenancy agreements<\/a>: in the case of a tenancy, death does not automatically lead to<\/strong> the termination of the contractual relationship. Instead,<\/strong> the rights and obligations arising from the tenancy agreement are transferred to the heirs<\/strong>. The most important right is the right to use the rented property as agreed in the contract. In the case of an apartment or house, this means living in it, furnishing it, etc. The most important obligation is to pay the rent stipulated in the contract (plus any ancillary costs). <\/p>\n\n However, it cannot simply be assumed that the tenant’s heirs have an interest in entering into the tenancy – after all, they usually already have their own apartment. They are therefore entitled to an extraordinary right of termination<\/strong>, meaning that they can terminate the tenancy with effect from the next statutory termination date, subject to the statutory notice period. This also applies if, according to the rental agreement, termination would only be permitted at a later date. Sometimes, however, the tenancy agreement also permits an earlier termination of the tenancy than the statutory tenancy law. It is therefore important to read the contract carefully<\/strong> and seek legal advice<\/strong> if necessary. <\/p>\n\n The extraordinary right of termination applies both to the legal successors of a single tenant and to any co-tenants. If several people<\/strong> are involved in a tenancy (such as a community of heirs<\/a> or people who signed the tenancy agreement together), they must unanimously decide to terminate the tenancy and jointly declare it to the landlord<\/strong>. An executor or a representative of the heirs may also be authorized to terminate the lease on behalf of the community of heirs. <\/p>\n\n Please note: If it is a family home<\/strong>, the surviving spouse<\/a> or registered partner<\/a> must consent to the termination even if he or she is neither entitled to inherit nor a party to the tenancy agreement.<\/p>\n\n In addition, you always have the option of proposing<\/strong> a reasonable new tenant<\/strong>. If you find such a tenant, you can terminate the rental agreement without having to comply with the notice periods and deadlines. It can therefore also be worthwhile looking for a new tenant among relatives, friends and acquaintances or via intermediary platforms. <\/p>\n\n Although the notice of termination is not bound to any particular form, for reasons of proof it is advisable to send<\/strong> it in writing, i.e. signed<\/strong> by all persons involved on the tenant’s side and sent by registered mail.<\/strong> You can also use the template for terminating a tenancy agreement<\/a> from DeinAdieu.ch as a guide. <\/p>\n\n The notice period<\/strong> is triggered when the notice of termination is received by the tenant. For residential properties, the notice period is three months to a customary local date<\/strong>; for other properties and commercial premises, it is generally three to six months. The customary termination dates are determined by cantonal law<\/strong> and are best obtained from tenant protection organizations (see e.g: Newhome.ch – Apartment termination: What deadlines and termination dates apply?)<\/a>. <\/p>\n\n An example of the calculation of the notice period and date<\/strong>: Anna has lived alone in an apartment in the city of Zurich since the death of her husband. On her death at the beginning of December 2023, she leaves behind a son and a daughter, who are also her only heirs. After Anna’s death, the children agree to terminate the tenancy agreement as soon as possible. In Zurich, there are two customary termination dates, namely March 31 and September 30. To prevent the rental agreement from continuing until September 30, 2024, the termination letter (signed by both children) must be received by the landlord by December 31, 2023 at the latest. The decisive date is not the date of signature or dispatch by post, but the date on which the notice of termination demonstrably arrives at the rental company.<\/em><\/p>\n\n Caution: It is not always a good idea to give notice on the apartment (as in this example) as quickly as possible. It should be borne in mind that the division of an estate<\/a> often takes several months or even years and it is usually not at all clear at the outset what assets and dispositions of property upon death exist. If there are wills<\/strong>, these must be submitted to the competent cantonal authority and disclosed to<\/a> the heirs so that they can take effect correctly. Therefore, depending on your personal situation and the usual termination dates, it is sometimes better to keep the apartment for a few months<\/strong> and take the time to take inventory and settle the estate under inheritance law<\/a> instead of hastily vacating the apartment and possibly throwing away important estate items in the process. <\/p>\n\n An alternative<\/strong> to continuing to rent or disposing of the estate may also be to store the estate items in a “self-storage<\/a>” unit<\/strong> between clearing the apartment and dividing the estate<\/a>. This has no significant heating, water or electricity costs and may therefore be significantly cheaper than continuing to rent the apartment. <\/p>\n\n If the termination is valid, the next step is to ensure that the apartment<\/strong> can be handed over on time and in the condition stipulated in the contract<\/strong>. Particularly if the deceased person lived in their last home for a long time or left many possessions in it, dissolving the household or clearing the home<\/a> can involve considerable effort<\/strong>. The heirs cannot always do this themselves, especially if they are working or live far away. <\/p>\n\n In such cases, it may make sense to use the services of companies<\/strong> that specialize in house clearance. They help with the removal of the furniture and can even take over parts of it (possibly for compensation); second-hand goods dealers (“Brockenh\u00e4user<\/a>” or “Brocki”) sometimes even take over the removal free of charge in the hope of being able to resell the items later. It is often advisable to However, not everything can be recycled and certain items will not be removed by the clearance companies. In the case of bulky waste and other (e.g. broken or obsolete) household items, the heirs, as the new owners, are responsible for the correct disposal<\/strong>: <\/p>\n\n Further information on the subject of waste disposal can be found, for example, in the waste guide of the municipality of residence or the waste guide of the Federal Office for the Environment<\/a> (FOEN). <\/p>\n\n The costs for the dissolution of the apartment after a death are expenses that are closely related to the inheritance<\/strong>. These costs also include outstanding rent, eviction costs and any claims for compensation from the tenant for wear and tear or damage. They are generally borne jointly and severally by the estate<\/a> or the community of heirs<\/a><\/strong>. This means that each heir pays a fraction of the costs corresponding to their respective share of the estate. <\/p>\n\n However, it is also possible to make different agreements: If, for example, an heir moves into the deceased’s apartment, it may be justified for her to bear most or all of the costs associated with the apartment in the internal relationship. However, this does not change the fact that all heirs are jointly liable to third parties, such as the rental company or the eviction company. \n are jointly liable<\/a>\n<\/strong> and<\/strong> can be sued individually for the entire amount<\/strong>. They must then take recourse<\/strong> internally against the co-heirs for the contributions advanced. For example, if one of the three children moves into the deceased’s home but does not pay the rent, the landlord can sue all three children. The other two children must then (also) pay and later claim against the daughter that they have “advanced” the rent and want it reimbursed. <\/p>\n\nHow does the termination of the rental agreement work?<\/h2>\n\n
When and how may or must the apartment be vacated?<\/h2>\n\n
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Who pays the costs of the eviction?<\/h2>\n\n
What you could or should think about:<\/h2>\n\n
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