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Old 12.11.2012, 13:17
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Pushy Landlord Advice

I was hoping if someone can help with handling my landlord, or give me details of any agencies that can help.

My landlord is a big insurance/residential company that looks after the block. Last month I sent them a letter saying I want to leave by the end of the year. They replied back that I can only cancel in March and not before. BUT if I were to find someone willing to take over my contract on the same basis as me, I can leave anytime, they quoted a legal reference.

So within a few day I found a person who needed an apartment desperately and was also looking to take all my furniture (Win, win). They put in the application but didn't hear anything back. I wrote I letter asking them to approve the person I put forward or give me a reason why not. I got a call from the landlord saying basically someone within their company wants to have a look at the flat and if she doesn't want it then they will put my applicant forward.

My flat is in a very sort after location and at a good price, so finding a replacement is not a issue, I just want it hassle free. Given that the requirement was for me to find a replacement, can anyone please advice me on where I stand and what I can do?
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Old 12.11.2012, 13:36
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Re: Pushy Landlord Advice

Tell them they can have anyone they want. But you fulfilled your obligation so you would appreciate a letter confirming that you have been let out of your contract. Or if the person you suggested is not acceptable they need to tell you why so you can find someone else.
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Old 12.11.2012, 13:39
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Re: Pushy Landlord Advice

I can't see the issue here. All you are required to do is find a suitable applicant who is willing to take over your lease. That is where your obligation ends and you have fulfilled that obligation. Whether the landlord accepts your guy, or have their own person move in is no longer your problem. I don't understand where the landlord is being pushy in any way.
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Old 12.11.2012, 13:49
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Re: Pushy Landlord Advice

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I can't see the issue here. All you are required to do is find a suitable applicant who is willing to take over your lease. That is where your obligation ends and you have fulfilled that obligation. Whether the landlord accepts your guy, or have their own person move in is no longer your problem. I don't understand where the landlord is being pushy in any way.
Its a good location and good price. My applicant will be best for me as there will be no hassle when we exchange keys as his willing to take everything and not come back in a few weeks with "xxx is broke and that was never done" etc... So for me its the best solution.

But the landlord said he will only accept my applicant until the one he wants has seen the apartment and basically has had first refusal. I am flying in and out of the country and it difficult for me to sort out viewings, I just want to understand where I stand so I can just move on easily.

I fear the person he is putting forward will not want any furniture so I will spend the next two months on Ricardo and on here flogging stuff and also they will be very fussy and I end up in one of those horror stories with dubious additional costs required before I can leave.
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Old 12.11.2012, 14:01
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Re: Pushy Landlord Advice

Unfortunately, the landlord is not obliged to accept your applicant just because it is more convenient for you. I know that sucks in your situation, but I don't believe there's much you can do about it.
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Old 12.11.2012, 14:09
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Re: Pushy Landlord Advice

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Unfortunately, the landlord is not obliged to accept your applicant just because it is more convenient for you. I know that sucks in your situation, but I don't believe there's much you can do about it.
But from what I gather, I have done what it requested of me and he is obliged to confirm he will accept my applicant or not, and if not confirm why.
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Old 12.11.2012, 14:14
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Re: Pushy Landlord Advice

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But from what I gather, I have done what it requested of me and he is obliged to confirm he will accept my applicant or not, and if not confirm why.
Yes, but your landlord is not obliged to accept your applicant, if they have themselves found someone they would prefer to move in. Even if their own proposed tenant does not want it, they are still have no obligation to accept your guy. However, you would have still fulfilled your side of the bargain.
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Old 12.11.2012, 14:16
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Re: Pushy Landlord Advice

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But from what I gather, I have done what it requested of me and he is obliged to confirm he will accept my applicant or not, and if not confirm why.
If you put yourself in the position of the landlord, the obligation on your part is to find a 'suitable' replacement.

From their position, they get to choose the applicant, you can only supply the applicants for consideration.

What would be pretty bad, is if they later tell you that the applicant you have found isn't suitable....... that would rob you of time, and you can be as angry as needs be .

However, as they are in a position that they have an internal employee looking for accomodation, and your place has become available, it's reasonable to expect that they would try to fill the vacant position internally.


If you were the landlord, and your friend asked if they could live there, but the tennant has supplied you with an alternative....... what would you do?
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Old 12.11.2012, 14:23
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Re: Pushy Landlord Advice

I looked up what consitutes a suitable tenant for another recent thread...

Which months to give notice?

As someone else said, your obligation to be released from the contract is to profer such a tenant, not to wait for his choice of tenant to be ready to move in.

Sounds like its time to use the mieterverbands services.
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Old 12.11.2012, 14:26
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Re: Pushy Landlord Advice

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Sounds like its time to use the mieterverbands services.

Why?

So, the op's stuck with furniture. Sucks for them, but hardly a legal issue.
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Old 12.11.2012, 14:26
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Re: Pushy Landlord Advice

I think I will draft another letter next week, asking them to accept my applicant and confirm I am free to leave, or state otherwise.

I am sure if the Zurich rental market was not so cutthroat, and the apartment not so good, then the landlord would not be so "helpful" :-)
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Old 12.11.2012, 14:29
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Re: Pushy Landlord Advice

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Why?

So, the op's stuck with furniture. Sucks for them, but hardly a legal issue.
http://www.mieterverband.ch/zh_mb_vo..._auszug.0.html

The legal obligation for me to find a replacement, which I have. Now they need to confirm if they will accept him and let me go. They can't say "yeah, but lets wait and see"
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Old 12.11.2012, 14:30
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Re: Pushy Landlord Advice

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I think I will draft another letter next week, asking them to accept my applicant and confirm I am free to leave, or state otherwise.

I am sure if the Zurich rental market was not so cutthroat, and the apartment not so good, then the landlord would not be so "helpful" :-)

You have absolutely no leverage - all you're going to do with this is piss them off and make your handover inspection more difficult.


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http://www.mieterverband.ch/zh_mb_vo..._auszug.0.html

The legal obligation for me to find a replacement, which I have. Now they need to confirm if they will accept him and let me go. They can't say "yeah, but lets wait and see"
And I'll bet they'll give you the letter - but not one confirming that your applicant is ok, just that you're free. They're not saying he's no good, they're saying they have an alternate preference. Legally, absolutely no impact on your contractual obligations.
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Old 12.11.2012, 14:32
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Re: Pushy Landlord Advice

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Why?

So, the op's stuck with furniture. Sucks for them, but hardly a legal issue.
I was understanding OPs main issue is he has put forward a suitable tenant who also wants the furniture, but is struggling to get a response from the landlord that he is therefore free from his lease.

I agree if the issue is trying to force his alternate tenant, just to be rid of the furniture, its a different issue.
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Old 12.11.2012, 14:40
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Re: Pushy Landlord Advice

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And I'll bet they'll give you the letter - but not one confirming that your applicant is ok, just that you're free. They're not saying he's no good, they're saying they have an alternate preference. Legally, absolutely no impact on your contractual obligations.
This is fine, at least then I know where I stand and I can start sorting things out. Worst fear is that it will be I get a letter late December and I have no time to sort anything out.
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Old 12.11.2012, 14:45
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Re: Pushy Landlord Advice

As an aside, I recently re-let an appt and sold the furniture to the new tenant. Even so the agency insisted the flat was empty to do the final control.

You may find it easier just to dispose of the furniture as a separate exercise that is more within your control.
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Old 12.11.2012, 15:18
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Re: Pushy Landlord Advice

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I think I will draft another letter next week, asking them to accept my applicant and confirm I am free to leave, or state otherwise.

I am sure if the Zurich rental market was not so cutthroat, and the apartment not so good, then the landlord would not be so "helpful" :-)
It will be a lot quicker if you send an email to the contact at the letting agency, find out who is in charge via their website and cc them into the email also. This method has always brought a prompt and positive response when I have had issues in the past.
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