Unpaid rent: the mechanics and the deadlines that matter
Updated on 5 August 2026
In brief
Faced with unpaid rent, the landlord must first serve written notice giving you at least thirty days to pay, warning that the lease will otherwise be terminated (Art. 257d para. 1 CO). If you do not pay within that period, they may terminate on thirty days' notice for the end of a month (Art. 257d para. 2 CO). Paying the arrears in full within the notice period neutralises the termination — that is the decisive window. In parallel, the arrears can be enforced, and that register entry will outlast the dispute by years.
Rent arrears are the situation where deadlines matter most, because one registered letter can set the loss of your home in motion within two months. Here is the exact sequence and the two or three moments where you can still act.
The thirty-day formal notice
The landlord cannot terminate immediately. Art. 257d para. 1 CO requires written notice giving you at least thirty days to clear the arrears, expressly stating that the lease will otherwise be terminated. That notice is the starting point for everything: check that it was properly served, that it states an exact amount and an adequate deadline. A defective notice renders the termination that follows ineffective.
Paying within the period neutralises termination
This is the decisive window. If you settle the full arrears stated before the deadline expires, the landlord can no longer terminate on that basis. A partial payment, however, is not enough: the stated amount must be covered. If you cannot pay in one go, immediately seek a written arrangement, or contact your commune's social services: many cantons have emergency assistance designed precisely to prevent the loss of housing, and it is easier to obtain before termination than after.
Termination, challenge and eviction
Once the period passes without payment, the landlord may terminate on thirty days' notice for the end of a month (Art. 257d para. 2 CO). The termination is challenged before the conciliation authority for tenancy matters, in principle within thirty days. If you stay on without title, the landlord can apply for eviction, often through the clear-cases procedure, which is fast where the situation leaves no room for argument. Challenging early and in writing is the only way to preserve any margin.
The most lasting effect: your register extract
Rent arrears are also an ordinary claim, which the landlord can enforce through debt enforcement. And it is precisely the register extract that you will have to produce for your next home — an entry for unpaid rent is the single most off-putting signal to a letting agency. Once paid, it stays visible until the landlord withdraws it or five years after closure (Art. 8a para. 4 SchKG). Negotiate the withdrawal at the moment you settle the arrears: a satisfied landlord often agrees, and that is what will make your next application acceptable.
Can I still save my lease after the formal notice?
Yes, by paying the full amount claimed before the at-least-thirty-day period expires (Art. 257d para. 1 CO). A partial payment is not enough to prevent termination.
How long do I have to challenge the termination?
In principle thirty days from receipt, before the conciliation authority for tenancy matters. Act in writing and without delay: the deadline is short and a late challenge is inadmissible.
Does an entry for unpaid rent disappear if I pay?
No. It stays visible until the landlord withdraws it or five years after closure (Art. 8a para. 4 SchKG). Ask for the withdrawal in writing at the same time as you settle the arrears.