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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 264

M. Early re­turn of the ob­ject

 

1 Where the ten­ant or less­ee re­turns the ob­ject without ob­serving the no­tice peri­od or the dead­line for ter­min­a­tion, he is re­leased from his ob­lig­a­tions to­wards the land­lord or lessor only if he pro­poses a new ten­ant or less­ee who is ac­cept­able to the land­lord or lessor, solvent and will­ing to take on the lease or rent­al agree­ment un­der the same terms and con­di­tions.

2 Oth­er­wise, the ten­ant or less­ee must con­tin­ue to pay the rent un­til such time as the lease ends or may be ter­min­ated un­der the con­tract or by law.

3 Against the rent ow­ing to him, the land­lord or lessor must per­mit ac­count to be taken of:

a.
any ex­penses he has saved, and
b.
any earn­ings which he has ob­tained, or in­ten­tion­ally failed to ob­tain, from put­ting the ob­ject to some oth­er use.