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Old 09.03.2012, 13:36
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Bad reaction of administration when leaving an apartment

Hi, i am looking for advice, we are moving out and renting our apartment, we informed to the administration and as far as i know when you are moving out of time you need to find another renter or pay the three months of rent in case you find no one, am i right?
Thing is administration said that even we find a new renter the apartment will be available only in three months and that we need to pay. How correct is that? Is that allowed?
thanks for the advice
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Old 09.03.2012, 13:43
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Re: Bad reaction of administration when leaving an apartment

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How correct is that?
It's just wrong.
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Old 09.03.2012, 13:51
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Re: Bad reaction of administration when leaving an apartment

I am afraid not, not in Switzerland. The rental contract you signed should be clear on this. For instance my father died a few days after the deadline for giving notice for the next automatic renewal for many months - so we would have had to continue to pay his rent for another 4 months. As it happened I found a new tenant immediately and agreed to pay for 1 month and allow them to access at the same time for repairs, repainting, etc- and the owner let me off the rest.

Rental contracts in CH are very different to rental contracts anywhere else in the year. Most C/Kantons have about 3 notice dates in the year, can change from C/K to canton, and you are bound to this unless you find a minimum of 2 (again dep on K/C) suitable/acceptable and financially solvent and able to pay the rent- the new tenant has to accepted as acceptable by the owner/agency and cannot be presented as a done deed.

A WARNING TO ALL - PLEASE MAKE SURE YOU UNDERSTAND YOUR RENTAL CONTRACT WHEN YOU SIGN IT - OR IT MIGHT COST YOU A FORTUNE IF AND WHEN YOU WANT TO LEAVE. NOT UNDERSTANDING THE LANGUAGE WILL NEVER BE AN OPT-OUT.

Last edited by Odile; 09.03.2012 at 14:09.
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Old 09.03.2012, 13:55
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Re: Bad reaction of administration when leaving an apartment

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

You can get help here if you speak some German or know somebody who does.

If you leave your appartment before the end of the three months notice period you have to present ONE acceptable renter and you only have to pay your rent to the day the new renter starts to pay his. The problem lies in the defintion of "acceptable" and that landlords seem to prefer renters just to pay until the end of the notice period and not deal with a new renter before that. They often try to intimidate renters with statements that are just wrong and against the law and it seems that they get away with it very often.
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Old 09.03.2012, 14:42
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Re: Bad reaction of administration when leaving an apartment

We talked again, problem seems to be solved, thanks for the replies. Please CLOSE or remove this thread.
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Old 09.03.2012, 15:21
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Re: Bad reaction of administration when leaving an apartment

Feed back could be very useful for others here and interesting too. So what happened?

Last edited by Odile; 09.03.2012 at 18:21.
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Old 09.03.2012, 15:29
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Re: Bad reaction of administration when leaving an apartment

The scorched earth withdrawal suggests a misunderstanding on part of the OP
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Old 09.03.2012, 15:58
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Re: Bad reaction of administration when leaving an apartment

Quote:
Feed up could be very useful for others here and interesting too. So what happened?
I understand, promise to inform how did it go after meeting on Monday.
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Old 09.03.2012, 15:58
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Re: Bad reaction of administration when leaving an apartment

To be clear. it is the landlords fault and problem when he can not offer an earlier move in date.

Swiss Code of obligations Art. 264M Abs. 3b
Quote:
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.
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Old 09.03.2012, 17:30
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Re: Bad reaction of administration when leaving an apartment

Most of what has gone before is correct.

Maybe there is a misunderstanding, the tenant is required to pay the rental until the next resignation date. If the original tenant finds someone willing and able to take over the contract & to pay the rental, he is still responsible for the payments! If the new tenant defaults and does not pay the rent during the notice period, the original tenant is still liable!

So maybe this is what the landlord meant. It doesn't really matter if you find someone, you are still responsible for the rent being paid until the contract is correctly finished.

To get around this problem, the old tenant must make a sub-let contract with the new tenant until the original contract finishes.
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