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Old 12.03.2015, 15:22
Posts: n/a
Re: Notice period for apartment [Kundigungsfrist]: moving out before the 3 months not

I disagree with the posters above. I understand that if you find a suitable applicant who satisfies the usual criteria and present that person (ready and willing to sign a contract) to the landlord, you are off the hook, whether the landlord accepts the applicant or not. If I understand you correctly, you have put forward three or four applications, only one of which was withdrawn by the applicant. The landlord can't keep arbitrarily refusing all applicants that you present.

As always, the Schweizer Mieterverband (SMV)/ASLOCA should be your next port of call.
Precisely. If the landlord refuses a suitable tenant who is willing to take over the currrent rental contract without any alterations, the landlord has to let you off the hook.

For the next tenant you present, get proof from that tenant that he would sign your contract and demand a written reason why the landlord refused him. With that, go to Asloca/renter's association as well as the arbitration office. Then (only after discussing this with the arbitration office) I would pay rent for the months after the "new" tenant's contract would have started into a blocked account (Sperrkonto).

Or skip all the fuss with looking for future tenants and go straight to Asloca/Renter's assoc. and the arbitration office with proof of what happened until now.

And only deal with your landlord in writing from now on as that is easier to present as proof than the content of phone calls.

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You have to find one tenant that is willing to pay the rent, and has no major recorded debt. If the applicant cannot supply a clean debt certificate or refuses to sign the contract, then yes, you have to pay.
Yes, but it doesn't matter if he has debt or not, as long as he is able to pay the rent.
If the landlord refuses to sign a contract with a suitable tenant, one is off the hook.
If the prospective tenant refuses to sign a contract with the landlord for whatever reason (even after assuring the current tenant that he would sign), one is not off the hook.
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