Termination for Landlord's Personal Use

The Principle

Swiss law allows the landlord to terminate a lease to use the property themselves or for a close relative. This is in principle legitimate and not abusive (art. 271 CO), provided the need is genuine and serious.

Not specifically regulated by the CO. Its legitimacy derives from the owner's right to freely dispose of their property (art. 641 CC), subject to abuse control (art. 271, 271a CO).

Validity Conditions

Genuine and Serious Need

The Federal Supreme Court requires the need to be concrete, current and serious (ATF 142 III 91). The landlord must demonstrate a real plan to use the property. A merely hypothetical need is insufficient. May concern: the landlord, a close family member, or in some cases a company employee.

Form and Deadlines

Same formal requirements as any lease termination: cantonal official form (art. 266l para. 2 CO), separate notification to both spouses (art. 266n CO), contractual or legal deadlines (art. 266c CO).

No Abusive Character

May be abusive if: the need is fictitious (pretext to remove an unwanted tenant), it is retaliatory (art. 271a para. 1 let. a CO), or the landlord does not actually use the property after the tenant leaves.

Proof

The burden lies with the landlord. Must provide concrete evidence: moving plans, family situation, professional necessity. ATF 138 III 59: the court must assess all circumstances. The need need not be urgent but must be reasonable and plausible.

Tenant Remedies

Contest within 30 days (art. 273 para. 1 CO). May invoke: abusive character (art. 271 CO) or request extension (art. 272 CO, up to four years). Court weighs interests: urgency of landlord's need vs. hardship for tenant.

Fictitious Personal Use

If landlord does not use the property as claimed, the former tenant may claim damages (art. 271a CO read with art. 41 CO). Some cantons (e.g. Geneva) provide specific sanctions including annulment and reinstatement.

Purchase of Tenanted Property

New owner takes over existing leases (art. 261 para. 1 CO). May terminate for personal use at the next legal term (art. 261 para. 2 let. a CO), subject to abuse control.