I have searched this site extensively, but haven't found anything specific for my situation. I have also made an appointment with the Mieterverband, but the appointment is Thursday, and I would like to have some information going in. Here's the situation:

My husband and I were offered an apartment in mid October for a place where we had previously applied for an apartment (in June). The apartment we were offered, we actually never applied for, but it seems they put us on some kind of waiting list. After seeing and accepting the place, we continued the process with the new agency. By the time our contract was confirmed it was end of October. We immediately sent a kundigen to our current landlord, stating that we want to move for Dec. 1., which he received October 28 via registered mail.

We immediately placed some ads (one here on EF) and showed the place to a few people. We used an application form my OH found on MV for just such a purpose. We only wanted to submit a few applications, knowing how hard it can be to find housing here, and also with the thought that we only had to show one suitable applicant willing to take the lease on its current terms.

We then sent the applications via registered mail to the landlord, which he received on Nov. 4. We did all this hoping to give the landlord enough time to go over the applications, accept one of them if he so chose, and give the prospective new tenant time to arrange a move in.

After the LL received the mail on Friday he immediately put a note in our mailbox, basically saying that it is very short notice to give a Kundigen. Then he proceeded to immediately decline one of the applicants because he hasn't been in CH long enough (still in probation period at work). Then he said the other applicant was missing some documents (but didn't specify WHICH documents) and it would take 2-3 weeks consideration.

Then today we received an e-mail saying that the other applicant is also not acceptable because the LL wants a long-term tenant. I know it is the right of the LL to deny the applications, but can he continue to hold us to our lease after not accepting the applicants we submitted. Both applicants could very well cover the rent. Both gave their Betriebungsauskunft and copies of their auslanderausweis. Neither applicant said anything indicating that their tenancy would be short-term.
And, in fact, when my husband was accepted to this flat ten years ago, he was also still in probation time at his job and had only been in the country for one month.

So what are our obligations now? He indicated he would be willing to let us out of the lease IF we found a nachmieter. Otherwise we would be liable until March 31. He didn't try to supply us with any other type of application form, or tell us which documents he would like us to get from other applicants. But he did ask that we surrender one of our keys to the Hauswart so that the flat can be accessed to show to tenants when we are unavailable. (Which I am not willing to do.) Do I have a right to deny the LL the right of entry when we are not at home?


Sorry about the long ramble. Thanks in advance for any advice.

B

I am in a similar situation right now and have to find a replacement to take over my current lease which runs until end of March. Basically you have to provide your landlord with one acceptable applicant. Acceptable in this case means that the person can prove to be able to pay the rent and has no debts, that information is provided by the Betreibungsauszug. You will have to give the landlord 2 - 3 weeks to process the application but then you can ask for his acceptance. Not long enough in the country and only long-term tenant acceptable are no reasons to reject an applicant. I am sure the Mieterverband will tell you the same.

For any future applicants, it's probably best if you draw up your own form based on what you can find on the internet (Mietantrag). If you were able to provide an acceptable tenant you are no responsible for the rent.

In regard to showing the apartment to interested parties, it would be advisable to agree on certain times when the place can be viewed. You don't have to handover the key, especially not since you are still liable for the lease. The landlord is not allowed to enter your place without giving you advance warning.

Thanks Heideh, that's pretty much what we thought. But we want to have as much info going into the MV meeting as possible. Forwarned is forearmed.

I understand that he has 2-3 weeks to process the applications, but it seems he already decided not to accept either of the two. In this case, we need to find out how we can proceed. Can he refuse to sign our release from the lease? What do we do in that case? I guess we'll find out tomorrow.

I just prefer to leave here under good terms. We have so many good memories here, and we haven't had any sorts of problems with the LL before, it would be a shame to have all of that tainted in our last month.

B

If I were you I'd keep looking. Are you still showing the apartment? I think the guy on probation he can refuse. If the other people say they agree to take over the conditions you have then I can't see why he would refuse them.

If they can afford the rent and have no debts, have a permit, etc.

But anyway, I hope you are still showing the apt.

Good luck!

Yes, MM, we are still showing it. As I said, I would like to leave here on good terms. Or at least not bad ones. The LL has said he has people interested, and I spoke with him today stating that I would be happy to make myself available to show the apartment, but I will not give the key to the Hauswart to enter when we are not there. But until now he hasn't made any attempt to send us these supposed interested parties.
At this point, the question is more of what happens at the end of the month if he has not signed someone new, whether found by us or him.
Only 1 of the applicants is still on probation time. All the others would be more than able to cover the rent, and are more than willing to accept the apartment.

How many are "all the others"? If he does not accept an acceptable candidate he has to let you go. But do make sure they are acceptable. Do you still have an apt with the renter's association?

There were 4 others willing to take the apartment (2 more now submitted for a total of 4 submitted, 6 willing). Two of those (the two not submitted)were offered other flats after sending us their applications (which we still have).
When I spoke with the LL today I asked if he had a written list of criteria which he would find acceptable. He said no; he bases it on case to case. When I asked him what documents he needed, he said just the Betriebungsauskunft and a copy of the persons ausweis. (Which is what we submitted for the others, and he told us there were missing documents, but again, didn't say what. When I questioned this, he said he received something after he wrote the letter.) So there is actually no other way for us to know if he would find them "acceptable" or not, except for the salary requirements on the application plus the two documents.
We do still have our appointment with the MV tomorrow, which we plan to keep.

Thanks MiniMia.

WEll, if they fit the criteria and are willing to take over the lease when you want them to, he can't refuse them "just because".

They have to be able to pay (enough salary), have not debts, have a permit. Can't think of anything else. There might be one more. The MV will advise you. I'd bring the dossier of all the candidates with you.

Good luck!