If the tenant does not leave the premises voluntarily at the end of the lease, the landlord can initiate eviction proceedings to enforce the vacation.
Return and vacation obligation
At the end of the tenancy, the tenant has a duty to return and vacate. If the tenant does not vacate the premises of his own accord at the end of the tenancy, i.e. refuses to move out, the landlord can have him evicted by a court order. The eviction order should include an enforcement instruction to the competent authority (in the canton of Zurich: municipal or city mayor’s office). The landlord may rely on the tenant’s obligation to return the property (art. 267 CO) or on his ownership (art. 641 CC).
Eviction in clear cases
If it is undisputed or clear that the tenancy has ended, expulsion may be carried out in summary proceedings under Art. 257 CPC. In the eviction proceedings, it is examined on a preliminary basis whether the tenancy has actually ended (validity of the notice of termination, expiry of a fixed-term contract). If this is not the case or if the question of termination is unclear, the application is dismissed.
If the business activity of one party is affected, the amount in dispute for an appeal in civil matters to the Federal Supreme Court has been reached and both parties are registered in the commercial register (Art. 6 para. 2 CCP), the commercial court has jurisdiction to dismiss the case in clear-cut proceedings (BGE 142 III 515). If only the renting party is registered in the commercial register, the renting party can choose whether to go to the commercial court or to the ordinary courts (Art. 6 para. 3 CPC).
Eviction in simplified procedure
If the termination is disputed and at the same time unclear, the landlord must initiate an action with the competent conciliation authority and, if necessary, take it to tenancy court. Until a legally binding decision is reached, a longer period of time is to be expected than in the summary procedure. The concept of termination protection of Art. 243 CPC is interpreted broadly by the Federal Supreme Court, which is why such expulsion proceedings are to be conducted in simplified proceedings if the validity of the termination is to be assessed (BGer 4A_340/2017 E.2.2; BGer 4A_300/2016 E.2.3).
Eviction and challenge of termination
Even if the tenant has challenged the termination, the landlord may still apply for expulsion in the proceedings for legal protection in clear cases (summary proceedings) based on Art. 257 CPC while the challenge proceedings are pending (BGE 141 III 262).
