According to Art. 264 I CO, when the tenant wishes to return the object before the notice period or the deadline for termination, he can be released from his obligations towards the landlord only if he proposes a new tenant deemed acceptable to the landlord, who is solvent and willing to take one the lease under the same terms and conditions. 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 (Art. 264 II CO).
To sum things up, in order to be released, the tenant must:
- specify clearly his intention to return the object before the end of the contract;
- propose to the landlord a new tenant solvent and willing to take on the lease under the same terms and conditions.
The landlord must be in possession of all relevant information about the candidate and have sufficient time to make his decision. According to practice this period should not exceed 20 days.
The landlord remains totally free not to accept the new candidate. However, if the applicant is objectively acceptable, the tenant is released from his obligations.