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-   -   Rant about Swiss tenancy contracts (https://www.englishforum.ch/complaints-corner/239890-rant-about-swiss-tenancy-contracts.html)

Doodlebug 04.09.2015 17:46

Rant about Swiss tenancy contracts
 
Aghh, I need to leave Switzerland soon which is sad and emotional and my landlord of 4 years says I am liable until March 2016. This seems barbaric. I know I signed the lease but when I moved here 4 years ago flats were rare around Meilen. Now it is a renters market.

How am I meant to do viewings and a handover after I leave!!! Just pray I get a tenant soon.

Doodlebug 04.09.2015 17:46

Re: Rant about Swiss tenancy contracts
 
Sorry my first post is a moan but I needed to let out some steam.

porsch1909 04.09.2015 17:48

Re: Rant about Swiss tenancy contracts
 
It's the same anywhere I'm afraid. Do you think a landlord in the UK would want you breaking your lease and leaving him to find another tenant before he is supposed too?

Doodlebug 04.09.2015 17:50

Re: Rant about Swiss tenancy contracts
 
I know but after 4 years of being the perfect tenant, I was hoping for some good will. In the UK after the initial year most contracts have a 1-3 month notice period not 7.

porsch1909 04.09.2015 18:13

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by Doodlebug (Post 2444654)
I know but after 4 years of being the perfect tenant, I was hoping for some good will. In the UK after the initial year most contracts have a 1-3 month notice period not 7.

I'd stick an advert up on homegate or some other site. I think you will be surprised how many phone calls you get...and they will all magically speak English too :)

Good luck

Guest 04.09.2015 18:26

Re: Rant about Swiss tenancy contracts
 
shame you didn't take part in EF earlier- that way you could already be offering your flat for rent on EF;)

My dad (parents before mum had to go in OAP home rented the same house for over 20 years when dad died just after the cut off date (no joke please- he was actually 96!) - and we were liable for the rent for next 4 months or so- luckily we found another tenant quickly.

Maybe you could advertise for someone to act as your 'agent' here on EF who lives nearby- and will find a tenant for you for a fee?

Calvin 04.09.2015 18:28

Re: Rant about Swiss tenancy contracts
 
As you mentioned it's a renter market, so it won't be too hard to find somebody who takes over the lease.

Guest 04.09.2015 18:38

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by Doodlebug (Post 2444654)
I know but after 4 years of being the perfect tenant, I was hoping for some good will. In the UK after the initial year most contracts have a 1-3 month notice period not 7.

You signed a contract which apparently runs until March 2016 and you need to honor it. Of course, as others have mentioned, you can search for someone to take over your lease - but they will have to do so for the duration of your liability at the very least, meaning they'd have to want to rent it until March 2016 or later, but not earlier. Reason being that if the tenant (not the landlord) searches for a tenant to take over his lease, the prospective tenant has to accept the conditions of the current tenant's lease, one of which seems to be duration of the lease until at least March 2016.

So despite this being a renter's market, it probably won't be easy to find a tenant, I'm sorry to say.

fatmanfilms 04.09.2015 18:43

Re: Rant about Swiss tenancy contracts
 
It's quite normal to have only 2 days a year to give notice by in ZH.

Chuff 04.09.2015 19:02

Re: Rant about Swiss tenancy contracts
 
If you find someone SOLVENT and in good standing to take over the flat then it doesn't matter when you give notice... you just need to provide a suitable tenant to replace you.

I wouldn't be surprised if that isn't written in your contract somewhere... it certainly has been in my last three.

Guest 04.09.2015 19:03

Re: Rant about Swiss tenancy contracts
 
Soluble or solvable:p - solvent even;)

Guest 04.09.2015 19:11

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by Chuff (Post 2444678)
If you find someone soluble

http://static.guim.co.uk/sys-images/...-Sugar-008.jpg

Chuff 04.09.2015 19:13

Re: Rant about Swiss tenancy contracts
 
Quote:

Soluble or solvable:p - solvent even;)
It was an epic typo. :p

Guest 04.09.2015 19:19

Re: Rant about Swiss tenancy contracts
 
Oh, Mister Chuderwältsch is back to drive-by groaning. How grown up. :rolleyes:
Groan all you want - when you get stuck in the OP's situation, you will find out very quickly that you're in deep s*** with the OP's kind of contract if you don't have a tenant who'll accept it in full.

Quote:

Soluble or solvable:p - solvent even;)
Soluble - easy on the landlord regarding water issues in the flat - won't ever flush the toilet or shower after 10 PM.
Solvable - always punctual with payments because he loves math - good for the landlord.
Solvent though - bad for the landlord because he might end up stuck with holes in his building if the tenant's insurance doesn't pay up.

:D

porsch1909 04.09.2015 19:38

Re: Rant about Swiss tenancy contracts
 
Quote:

You signed a contract which apparently runs until March 2016 and you need to honor it. Of course, as others have mentioned, you can search for someone to take over your lease - but they will have to do so for the duration of your liability at the very least, meaning they'd have to want to rent it until March 2016 or later, but not earlier. Reason being that if the tenant (not the landlord) searches for a tenant to take over his lease, the prospective tenant has to accept the conditions of the current tenant's lease, one of which seems to be duration of the lease until at least March 2016.

So despite this being a renter's market, it probably won't be easy to find a tenant, I'm sorry to say.
I'd imagine he's out of his initial contract and the contract is just rolling over each year...but there are still only certain moving out dates.

rainer_d 04.09.2015 19:54

Re: Rant about Swiss tenancy contracts
 
Most landlords don't allow handing in the resignation towards January 1st.
Simply because few people like to move in on New Year or New Year's Eve and the place would be empty for some time.

So, you basically have April 1st, July 1st and October 1st (if I counted correctly - I don't move much).

Guest 04.09.2015 19:55

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by Chuff (Post 2444687)
It was an epic typo. :p

It's OK, can happen to the best of us:p I wonder if anyone is going to take it up as their EF signature ;) I might, actually ;)

So, is there anyone solvent looking for a flat urgently in Meilen? Maybe OP, without actually advertising as such- could answer some questions. How big is the flat, what floor, are animals allowed, is it noisy?

doropfiz 04.09.2015 20:04

Re: Rant about Swiss tenancy contracts
 
@Doodlebug
you might find some solace here, in knowing that you're not the only one to feel this way
http://www.englishforum.ch/housing-g...oving-out.html
including practical tips.

Guest 04.09.2015 20:09

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by rainer_d (Post 2444697)
Most landlords don't allow handing in the resignation towards January 1st.
Simply because few people like to move in on New Year or New Year's Eve and the place would be empty for some time.

So, you basically have April 1st, July 1st and October 1st (if I counted correctly - I don't move much).

Only if the OP doesn't have a "Mindestmietdauer" (minimal rental period) which is what the original post sounds like. If this exists and it only ends in March 2016, OP is screwed. If not and the landlord just says (without contractual proof) that OP is liable til March 2016, OP in my opinion is entitled to end the contract on the customary days in his district/canton.

Here you go (MV ZH):
"Welche Kündigungstermine gelten, richtet sich nach dem Mietvertrag. Finden sich dort keine Angaben dazu, gelten die ortsüblichen Termine."

So, first thing to check is the contract.

Are there dates in it relating to notice periods? If so, OP signed the contract and therefore is liable until the date (which has to correspond to the contract) which he's given notice for unless he finds a tenant who'll take over the lease with all its conditions until said date of given notice.

If there are no dates in the contract, OP can contact the arbitration office of his district to find out the customary notice dates.

If there is a minimal contract duration (Mindestmietdauer), then the OP is liable until the end of said minimal contract duration, until, as stated, he finds someone who will take over the lease at the existing conditions until at least the end of the minimal contract duration.

Urs Max 04.09.2015 23:29

Re: Rant about Swiss tenancy contracts
 
Quote:

Originally Posted by Doodlebug (Post 2444648)
Aghh, I need to leave Switzerland soon which is sad and emotional and my landlord of 4 years says I am liable until March 2016. This seems barbaric. I know I signed the lease but when I moved here 4 years ago flats were rare around Meilen. Now it is a renters market.

How am I meant to do viewings and a handover after I leave!!! Just pray I get a tenant soon.

So essentially you signed a contract you didn't bother to care about for multiple years. What's a fitness studio contract?

This has exactly nothing to do with Switzerland, but everything with reading a contract before you sign it, and amending it once in a strong bargaining position.


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