Can the landlord resign in order to give the apartment to his godchild?

Dismissal for godchild

In principle, a landlord in Switzerland may give ordinary notice of termination in order to give the apartment to his godchild (right of self-use). However, the godchild is not legally considered a close relative within the meaning of Art. 271a para. 3 lit. a OR. This has two decisive consequences: 1. An existing three-year blocking period (following a rent dispute) cannot be broken for a godchild. 2. owner's own use are weighted less “urgently” in court, which massively increases the tenant's chances of extending the tenancy.

Ordinary termination vs. urgent owner's own use

In Swiss tenancy law, we must differentiate between two scenarios when it comes to the collection of third parties. In 2026, when affordable housing is scarce in centers such as Geneva or Zurich, this distinction is invaluable.

The right to ordinary termination

In principle, a landlord does not need an “urgent” reason to cancel a rental agreement in compliance with the deadlines (usually 3 months) and deadlines. The wish to give the apartment to a person close to the landlord, such as the godchild, is a legitimate reason for termination.

• validity: As long as the termination is not vindictive or harassing, it is usually recognized as valid.
• hurdle: However, the tenant may demand an extension if the termination represents hardship for him (e.g. in the event of a long period of residence or illness).

The “urgent” owner's own use

This term is reserved for the landlord himself as well as for “close relatives or relatives”. Only with this privileged group of people can the landlord:

Terminate even during an ongoing three-year suspension period.

In the event of a dispute, obtain a shorter extension for the tenant, as his needs are weighted more highly.

The circle of the privileged: Who is “close”?

Who is part of the inner circle in 2026? The case law here is very conservative and is based on the narrow concept of family.

Who belongs:

Spouses and registered partners.

children and grandchildren.

parents and grandparents.

siblings (in most cantons).

Direct marriage (e.g. children in law).

Who is NOT one of them (no privilege):

godchildren.

Cousins and cousins.

nieces and nephews.

Close friends.

Conclusion for the godchild: Since the godchild does not belong to the privileged circle, the landlord cannot break an ongoing blocking period for this purpose. If the tenant has therefore only successfully contested the reference interest rate two years ago, the godchild must wait until the three years are up.

The balancing of interests before the conciliation authority

If the tenant challenges the termination, there is a balance of interests. Renovation costs or interior design play no role here — it is only the social situation that counts.

Tenant's arguments

• Scarce housing market: Will the tenant find a comparable apartment within a reasonable period of time?
• roots: How long has the tenant been living in the neighborhood? Do the children have their school there?
• Hardship: Age, illness or low income may justify an extension of up to four years.

Landlord's arguments (for the godchild)

• tuition: The godchild starts studying at the location of the property.
• Financial situation: The godchild depends on cheaper rent.
• relationship: The landlord has a quasi-parental relationship with the godchild (must be proven).

Since the godchild is not a close relative, the tenant's interests often outweigh an extension. In 2026, the conciliation authority will generally give the tenant a generous period of time to reorient himself.

Strategy with heyloft.ch: Transparency when terminating

A termination due to owner's own use is a shock for tenant. heyloft.ch will help you immediately verify the legality of the termination in 2026.

Why technological support helps with owner's own use

Instead of relying on the administration's word, our system offers:

• Kinship check: Enter the reason for cancellation. Our AI immediately recognizes whether the named person (e.g. the godchild) is entitled to break a blocking period.
• Extension forecast: We analyse the vacancy rate in your neighborhood (e.g. Zurich District 3) and calculate the probability of a successful rental extension.
• Dossier preparation: If you have to move out, heyloft.ch will help you to prepare a professional application file in record time in order to have opportunities on the highly competitive market.

Special case: Purchase does not break rent

Is a property sold to give it to the godchild of the new owner?

The same applies here: The new owner assumes all duties of the old owner. An existing blocking period remains in place. The new owner can only give notice for his godchild after this period has expired — unless he can prove that he is a close relative (which, as mentioned, fails with the godchild).

Conclusion: Sympathy is not a priority

Can the landlord resign for his godchild? Yes, as part of an ordinary termination. Does he enjoy privileges while doing so? No The godchild is legally on the same level as any other potential new tenant. Protecting long-term tenants from the social consequences of housing loss in Switzerland often outweighs the godfather's wish for a convenient solution for his protégé.

In summary, it can be stated that anyone who receives such notice as a tenant should challenge it with the conciliation authority within 30 days. The chances of extension are excellent for more distant caregivers such as godchildren. Use heyloft.ch's data power to professionally carry out your tenant due diligence and secure your home. Your perfect match — fair and legally secure — is maintained through knowledge and preparation.

glossary

• owner's own use: Lawful reason for ordinary or extraordinary termination by the landlord.
• extension: Postponement of the termination effect to protect the tenant from hardship cases (up to 4 years).
• Blocking period: A period of 3 years after a rental dispute has been won, during which no ordinary termination may be made.
• Tenant due diligence: Your personal due diligence. This also includes reviewing the relationship in the event of personal use cancellations on Lake Geneva or in German-speaking Switzerland.