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Old 09.12.2011, 11:33
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Lease contract termination

Dear all,

I have a business in Zurich (beauty salon), and due to some reasons, I have send a termination notice to the landlord to end the lease (6 months according to contract). However I have mentioned in my letter that I would search for tenants to buy the business instead of bringing down everything. I also contacted the landlord by phone and informed him about the same. They highlighted that they have found a tenant and ask me to get in touch with them. I found out that they want to take the business for free !!!

Now I have a buyer, but I was surprised that the landlord signed with another party (same people who want the business for free), knowing that there still 4 months and he promised verbally that they will only look for new tenants beginning of the year.

I want to know my rights if you can help please.

1. Can I cancel the termination and continue with the lease.
2. The law governing this issue
3. Can I still sell my business and force the landlord to sign with the new tenant.

Thanking you in advance.
3.
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Old 14.12.2011, 00:18
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Re: Lease contract termination

dont really know the rules, but as nobody has answered i thought i would comment.

Why dont you make a full inventary list with the help of an accountant minus the depreciation and offer the new tenant what you have for a good price.

If they reject then sell everything seperately and try to recoup as much as possible, leaving the new tenant with absolutely nothing but a shell where they will need to invest much more to get their business started.

You should take the chance, if they think they are getting the business for free, they probably have no money and will then cancel their application.

You have the right to take everything out that you put in, including the name of the company. They would need to re-register under a new name
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Old 14.12.2011, 00:19
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Re: Lease contract termination

...and by the way, you should post more and you may get more replies
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Old 14.12.2011, 10:18
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Re: Lease contract termination

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1. Can I cancel the termination and continue with the lease.
2. The law governing this issue
3. Can I still sell my business and force the landlord to sign with the new tenant.
1) No, you can ask but he is not obliged to take you back
2) What law ???? You gave notice he accepted it is his duty to protect his investement by fininding somebody else
3) Sure you can sell your business but you can't force the Landlord to sign your client. You gave notice, he accepted, new page, new chapter, new book even !
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Old 14.12.2011, 14:39
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Re: Lease contract termination

I agree with Today Only.

But on the other hand, if the business and the stuff in the place are yours, he can't expect that you give it to the next tenant for free. You'll have to take everything out.

Did you buy and install all the stuff that's in there or were they there already?
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Old 23.12.2011, 18:18
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Re: Lease contract termination

Dear all,

Thank you very much for your replies.

I will keep you posted of the output.

Best regards to all and merry Christmas and happy new year.
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Old 23.12.2011, 20:00
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Re: Lease contract termination

So what happened?
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Old 26.12.2011, 14:31
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Re: Lease contract termination

Hi Joe67

In my opinion, you made a mistake by writing a termination letter before finding an interested party willing to take over your business.

It would have been wiser to find a new tenant who wants to pay for your business and to take over your existing contract. Because in general a good lease contract is a part of the intangible assets of the business as well as a loyal client base.

Now, you have lost your rights to it. Once your rent contract has run out you will have to go and your landlord can do with the space as he wishes. In general you must also leave the space as you found it, i.e. take all the fittings out before leaving.

However, it is your right to stay there until the end of contract. So if their new tenant wants the shop before due time you may negotiate with him for some remuneration for fixtures and fittings money.


http://www.mieterverband.ch/zh_top.0.html

There is an association of the rentees that offer a well informed legal advice for free (if you are member).

.•´¯`•.¸¸.•´¯`°romainesol°´¯`•.¸¸.•´¯`•.

Good luck
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Old 26.12.2011, 14:55
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Re: Lease contract termination

Quote:
View Post
Dear all,

I have a business in Zurich (beauty salon), and due to some reasons, I have send a termination notice to the landlord to end the lease (6 months according to contract). However I have mentioned in my letter that I would search for tenants to buy the business instead of bringing down everything. I also contacted the landlord by phone and informed him about the same. They highlighted that they have found a tenant and ask me to get in touch with them. I found out that they want to take the business for free !!!

Now I have a buyer, but I was surprised that the landlord signed with another party (same people who want the business for free), knowing that there still 4 months and he promised verbally that they will only look for new tenants beginning of the year.

I want to know my rights if you can help please.

1. Can I cancel the termination and continue with the lease.
2. The law governing this issue
3. Can I still sell my business and force the landlord to sign with the new tenant.

Thanking you in advance.
3.
Business leases could be different. Talk to the renter's association if they do deal with business renters that is.
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