20 January 2026
Legal recourse for evicting tenants in Switzerland: an overview of the requirements, procedures and enforcement for landlords.
Landlord's right to repossession
After the tenancy ends, the legal situation is generally clear: the tenant must vacate and return the rented residential or commercial premises to the landlord. In practice, however, cases occur in which tenants do not move out despite a valid termination notice or the expiry of a fixed-term contract.
This situation often causes uncertainty and time pressure for landlords, for example if the premises have already been re-let or a new use is planned. Legally, however, there are clear limits for landlords. Despite the tenant's unauthorised continued occupation, the landlord may not evict them from the rented property, change the locks or deny them access. Such measures are considered unlawful self-help and may result in criminal and civil legal consequences.
The only way for the landlord to enforce the surrender of the property is through legal action. The rental property can only be vacated within the framework of legal eviction proceedings.
Requirements for Tenant Eviction
Firstly, the landlord must have a claim to the return of the rented property. This is the case if the tenancy has been legally terminated. In the case of fixed-term tenancy agreements, the contract ends when the agreed term expires. Perpetual tenancies end upon effective termination. As terminations can be contested and tenancies extended, particular attention must be paid to this requirement.
An eviction request can be based on either ordinary or extraordinary termination. It does not matter whether the termination was issued by the tenant or the landlord. In practice, eviction proceedings often concern cases in which the tenant has failed to fulfil their contractual obligations, typically by failing to pay rent. In cases of termination due to late payment, it is particularly important that all legal requirements are met, especially the stipulated deadlines.
The landlord must also act promptly. If eviction proceedings are delayed for too long, this may be interpreted as tacit continuation of the tenancy or conclusion of a new tenancy agreement. If there are valid reasons to believe that the tenant will not return the property at the end of the tenancy, the first legal steps can be taken before the tenancy expires. However, an eviction may never be scheduled before the tenancy has ended.
Eviction Proceedings
Once the requirements have been met, the appropriate procedure must be determined. If the legal situation is clear and the facts are undisputed or can be proven immediately by documents, eviction can be requested through summary proceedings. This procedure is considered the fastest and most cost-effective way. the application is filed directly with the competent court at the location of the rental property, making recourse to the conciliation authority unnecessary.
In controversial cases, for example if the tenant disputes the legal validity of the termination notice, the simplified procedure applies. In this case, all evidence (not just documents) is admissible, and prior conciliation proceedings are generally mandatory. If no agreement is reached, the landlord can file a lawsuit with the relevant rental court within 30 days.
Enforcement of the Eviction Order
When the tenancy court issues an eviction order, it also instructs the competent cantonal authorities to enforce it if the tenant does not comply with the order (subject to cantonal differences). In practice, the police usually provide the necessary assistance. They ensure that the rented or commercial premises are legally vacated and then returned to the landlord. Until this point, the tenant is still obliged to pay the originally agreed consideration for use of the premises.
Conclusion
If a tenant remains in the property after the tenancy agreement has ended, it is important to proceed with caution and consider the legal requirements. Eviction is an effective means of obtaining rapid legal protection, provided that the necessary conditions are met and the correct procedure is followed. An early legal review can save time, money, and prevent further conflict. Our experienced Attorneys at Law will be happy to advise you.
