Short answer: The statutory notice period for rental apartments is 3 months (Art. 266c CO), unless the lease agreement specifies otherwise. If there is no contractual date arrangement, April 30 and October 31 apply as the customary local termination date in the city of Bern and its immediate surroundings, and in the other municipalities of Canton Bern, generally the end of every month, except December 31.
The Statutory Notice Period
Art. 266c of the Swiss Code of Obligations (CO) sets a notice period of 3 months for the lease of residential premises – this applies unless the contract or local custom specifies otherwise. For commercial premises, the law prescribes a minimum period of 6 months.
These are statutory minimum requirements. Most lease agreements in Canton Bern, however, contain their own arrangement for the period and date – and this contractual arrangement always takes precedence over the subsidiary, customary local rule. What matters first, therefore, is a look at your own lease agreement.
Customary Local Termination Dates
If the lease agreement contains no date arrangement of its own, the customary local termination dates apply. In Canton Bern, these differ depending on the location:
- City of Bern and immediate surroundings: April 30 and October 31
- Other municipalities in Canton Bern: the end of every month, except December 31
Important to understand: These dates are only the subsidiary statutory fallback rule – they apply exclusively when the lease agreement itself specifies nothing else. In practice, the vast majority of lease agreements in Canton Bern regulate their termination dates themselves, often quarterly (e.g. end of March, June, September, December) or even monthly. Anyone living in the city of Bern is therefore by no means limited to two termination opportunities a year as soon as their own contract specifies other dates – and that is the normal case, not the exception. In addition, notice of termination itself can be given at any time during the year; only the date on which the termination takes effect (i.e. the tenancy actually ends) is set by the next valid date, minus the three-month period.
For Thun and Interlaken, there is no separately documented special regime – the same fallback rule applies there as in the other municipalities of Canton Bern, i.e. the end of every month except December 31. There is no single official cantonal registry of dates per individual municipality; what matters – as everywhere – is first your own lease agreement, since contractually agreed dates always take precedence over the fallback rule.
Form Requirement for Termination
If the landlord terminates a tenancy of residential or commercial premises, this must be done in writing on the officially approved form. If this form is not used, the termination is void – meaning it has no legal effect, even if all deadlines were observed. Canton Bern provides the corresponding official form.
This form requirement does not apply to tenants – they can give notice in writing without any particular form.
Special Cases
- Personal use after acquisition: If a new owner acquires a property and asserts urgent personal need for themselves or close relatives, they can give notice, observing the statutory notice period, for the next statutory date after the acquisition.
- Family home: If the apartment serves as a family home, both spouses or registered partners must sign or receive the termination – regardless of who originally signed the lease agreement.
- Extraordinary termination: This is possible in the event of payment default (after prior warning and a 30-day payment deadline), breach of the duty of care, other good cause, bankruptcy of the tenant, or death – in the latter case, the heirs have a special right of termination with a 3-month period.
Change of Management Company and Ongoing Leases
A change of property management company affects only who represents the owner externally – not the lease agreement itself. Since the management company is not a party to the contract, the existing lease agreement remains completely unchanged by such a switch. Notice periods, dates, and all other contract terms continue to apply unchanged.
The related case of a change of owner is regulated differently: if the property changes ownership, the existing lease agreement automatically transfers to the new owner by operation of law – no new lease agreement is needed for this. More on this in our articles on switching management for rental properties and for condominium ownership.
Frequently Asked Questions
How long is the statutory notice period for a rental apartment in Bern?
Under Art. 266c CO (the Swiss Code of Obligations), the statutory notice period for residential premises is 3 months, unless the lease agreement specifies otherwise. For commercial premises, a minimum period of 6 months applies.
What are the customary local termination dates in the city of Bern?
In the city of Bern and its immediate surroundings, April 30 and October 31 are considered the customary local termination dates. However, these only apply as a fallback, when the lease agreement itself contains no date arrangement of its own – and most lease agreements do regulate this themselves, often quarterly or even monthly. Being limited to just two termination opportunities a year is therefore the exception rather than the rule.
Do the same termination dates apply in Thun and Interlaken as in Bern?
There is no separately documented special rule for Thun and Interlaken. As a rule, the end of every month applies there as the termination date, as in the other municipalities of Canton Bern, except December 31 – but the lease agreement's own terms always take precedence.
Does termination have to be made on an official form?
Yes. Termination by the landlord must be made in writing on the officially approved form. If the correct form is missing, the termination is void. Canton Bern provides an official form for this purpose.
Does my lease agreement change if the management company changes?
No. A change of property management company only affects who represents the owner, not the lease agreement itself – it remains completely unchanged. It's different in the case of a change of owner: there, the lease agreement automatically transfers to the new owner.
Conclusion
The statutory notice period for rental apartments is 3 months, but the specific termination dates depend primarily on the lease agreement and, as a fallback, on the location – April 30/October 31 in the city of Bern, end of month (except December 31) in the other municipalities. Termination by the landlord is only valid on the official form. A change of management company changes nothing about the ongoing lease agreement.
All figures and legal references in this article are disclosed and linked → Sources.
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RESONUS IMMOBILIEN supports owners in Bern, Thun, and Interlaken with lease agreements, terminations, and the whole of day-to-day management.