Breaking a rental contract

New2Town · #1 26.09.2007, 14:00

Please can someone clarify the situation on breaking a rental contract early.

I've found 3+ prospective tennants and had them complete an application form which I will now pass on to the owner. My understanding is that if you give them a choice of 3 applicants they have to let you break the contract regardless of whether they want to chose any of these applicants. Is this correct?

Also, when I send these on with my termination letter what date do I put for ending the lease? I intend to go early and pay double rent until one of these moves in, which would hopefully co-incide but, may be out by a month. Any suggestions? Also, again what would happen if they did not want to accept any of these applicants, what date would I put down then?

Any advice greatly appreciated.

Shorrick Mk2 · #2 26.09.2007, 14:06

	Quote:	New2Town
	Please can someone clarify the situation on breaking a rental contract early. I've found 3+ prospective tennants and had them complete an application form which I will now pass on to the owner. My understanding is that if you give them a choice of 3 applicants they have to let you break the contract regardless of whether they want to chose any of these applicants. Is this correct?

Actually it's minimum one applicant bt the more the merrier

	Quote:
	Also, when I send these on with my termination letter what date do I put for ending the lease? I intend to go early and pay double rent until one of these moves in, which would hopefully co-incide but, may be out by a month. Any suggestions? Also, again what would happen if they did not want to accept any of these applicants, what date would I put down then?

Well you had better know when they are ready to move in since you can get out of the contract with one month's notice - provided the prospective tenant is taking it on at that date.

If the owner refuses to accept the tenant, then you are free of all obligations past the said date.

Neyrell · #3 22.02.2012, 13:54

Hello,
I have found an old post of yours in a thread dedicated to early termination rent.
Although I do find the same info as you (you can do it if you find a good tenant to replace you), I have never found the juridic text it relies on.

I have not found my new place yet but I am sure I want to live my current flat. I am wondering if I should safely give my 3 months notice or if I just could wait until I find a new flat and then find a new tenant (I guess this would be best to avoid double rent in may for example). Best to have solid grounds for the 2nd option.

So all in all, do you know where this new tenant rule comes from?

Many thanks!

Camille

Neyrell · #4 22.02.2012, 13:55

"*leave* my current place" of course!!!!

aSwissInTheUS · #5 22.02.2012, 18:44

SR 220 Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
known as Obligationenrecht

Art. 264

	Quote:
	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. English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Shorrick Mk2 · #6 23.02.2012, 09:33

	Quote:
	a new tenant or lessee who is acceptable to the landlord or lessor

Note that in the French version of the text there is a very important nuance - "a new tenant or lessee that the landlord or lessor cannot reasonably refuse"

gef2504 · #7 23.02.2012, 09:56

Hi,

I have an apartment for which I want to get out of the contract early. All the advertising is complete and the property is on homegate etc. The apartment is managed through a estate agents. I have had viewers and 3 applications have been made to the Estate Agents. The Estate agents however have declined the applicants because 1 does not earn enough and also another has paid rent late. All the applications have apartments they currently live in and are paying the rent fine. Thing is I am moving into a new apartment and will be left with 2 x rentals to pay which I think is out of order because end of the day I have done my bit and provided 3 x applications to the estate agents. What is the law on this ?

thanks,
Geoff

miniMia · #8 23.02.2012, 12:35

	Quote:	gef2504
	Hi, I have an apartment for which I want to get out of the contract early. All the advertising is complete and the property is on homegate etc. The apartment is managed through a estate agents. I have had viewers and 3 applications have been made to the Estate Agents. The Estate agents however have declined the applicants because 1 does not earn enough and also another has paid rent late. All the applications have apartments they currently live in and are paying the rent fine. Thing is I am moving into a new apartment and will be left with 2 x rentals to pay which I think is out of order because end of the day I have done my bit and provided 3 x applications to the estate agents. What is the law on this ? thanks, Geoff

You have to provided tenants that meet the minimum criteria. The ones who pay their rent late and don't make enough money can be refused.

Keep looking.