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Old 07.03.2011, 20:16
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Lease cancelation - Special circumstance

Hi all,

Is there in Switzerland special circumstance i.e being transferred to another place for work that allows special treatment of the lease cancellation notice period? Just want to make sure before going through the process of presenting a candidate ready to take over to the landlord.

Thks
R.
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Old 07.03.2011, 20:49
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Re: Lease cancelation - Special circumstance

Short answer is NO. Search the other thread from about a week ago for more detail.

Do things the regular way and advise the landlord/agency. Find out if they already have someone in mind or if they want you to provide them a name. Then advertise the apt., show it and tell the people who to contact at the agency. Once you have provided one viable candidate for the leaving time you have specified, you are off the hook. Best to provide three candidates. It avoids problems.

Then get organized with the professional cleaning of the apt. If anything needs to be replaced/repaired, start now.
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Old 11.03.2011, 10:03
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Re: Lease cancelation - Special circumstance

I would say it depends on the area. In Geneva, and also in neighboring VD, it is very common in the dipliomatic community to have the standard 'dipliomatic clause' in rental contracts. Of course this has to be arranged upfront, but allows the person to get out of the contract at short notice due to transfer, etc.
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Old 12.03.2011, 16:26
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Re: Lease cancelation - Special circumstance

Rental Leases in CH are very complicated and very different from most other countries (if not all!). There is a legal clause (art 266i CO) for exceptional cancelation circumstances- but it won't work just because you are being relocated. Recently in the 'Bon savoir' consumer magazine for Romandie- there was an article about a case where the daughter of a deceased woman was dismayed at having to continue to pay her mother's rental for another 5 months.

The rule is that you can only give notice of cancelation at certain key dates in the year:

end of March, June and September (and in some K/Cantons December)- then you HAVE TO give 3 monts notice after that.
In the case in the magazine, the old lady died in April - so the daughter had to give notice at the end of June, for the end of September.

I know IT IS crazy- but it is the way it is here in CH - so anybody signing a rental lease needs to be fully aware of the system.

Last edited by Odile; 12.03.2011 at 16:50.
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Old 12.03.2011, 16:37
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Re: Lease cancelation - Special circumstance

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i.e being transferred to another place for work
Rontary, if you a being transferred by your current employer, you might be better off negotiating with them to pick up the expense of the remaining lease and/or the responsibility of finding a new tennant.
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Old 12.03.2011, 16:46
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Re: Lease cancelation - Special circumstance

It is of course possible to negotiate by finding a new suitable and (proven to be solvent) new tenant. However, this tenant would have to agree to take the flat 'as seen' - so if any repairs/re-decoration are needed (either because of your carelessness or wear and tear) - this will lead to further negotiations and complications. The owner will not agree to have the flat empty = no rent during repairs. For instance you might have to pay the rent for one month whilst repairs are done, before new tenant can take over.
(which is what I did when my parents passed away. The owner agreed to cut the lease short- but I emptied the house then gave them the keys and permission to come and do repairs/re-deco AND had to continue to pay the rent during that time. It saved me (and my brothers) several months rent, as it all happened in October, and in my Canton you can't give notice in December. (we would have had to pay until end June = 8 months!!). Compromise was therefore best.
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Old 12.03.2011, 18:23
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Re: Lease cancelation - Special circumstance

Just realized that my post wasn't too clear...

I meant that the OP should negotiate with his employer to pick up any costs associated with leaving the lease early.

The landlord shouldn't be left out of pocket, nor should the employee - assuming that the transfer decision was at the employer's request, or that the employer will benefit by the OP's move.

(If the OP is leaving of his own accord, that's a whole 'nuther ball o wax...)
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Old 12.03.2011, 18:28
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Re: Lease cancelation - Special circumstance

Your post was absolutely clear Meloncollie, and I agree. Would be interesting to know if anybody has done that successfully (eg got employer to pay for rental during the end of the lease period).
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Old 12.03.2011, 19:13
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Re: Lease cancelation - Special circumstance

It's pretty standard at my husband's company - but then, standard intercompany transfer procedures usually runs something like: "Oh, by the way, you need to drop everything and move halfway around the world - tomorrow."
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Old 23.03.2011, 20:03
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Re: Lease cancelation - Special circumstance

Thks all,

My employer will indeed cover 3 months if needed.

I'm unclear about what I can read above: 'they key dates'. Is it only for special circumstances (i.e not applicable to me?)?
My lease contract indicates the cancellation can happen only on January 31st of each year (with 3 months notice). I can read key dates in an addendum of the contract (law article) mentionning 'usual terms date' (april, 1st, july, 1st and october, 1st) but nothing says to what it refers (cancellation, others...)...Am I entitled to 3 month without other string attached if giving my resignation before April, 1st?

Thks
R.
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Old 24.03.2011, 07:49
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Re: Lease cancelation - Special circumstance

Quote:
The rule is that you can only give notice of cancelation at certain key dates in the year:

end of March, June and September (and in some K/Cantons December)- then you HAVE TO give 3 monts notice after that.
Although often the case this is not a hard and fast rule. It varies according to the rental contract. Personally we've never been effected by such a clause and have always been on a 3 month rolling notice period in each of the 3 places we lived.
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Old 24.03.2011, 07:53
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Re: Lease cancelation - Special circumstance

Quote:
Recently in the 'Bon savoir' consumer magazine for Romandie- there was an article about a case where the daughter of a deceased woman was dismayed at having to continue to pay her mother's rental for another 5 months.
Not enforceable in law unless the daughter was the renter? The rental company may make a claim against the estate of the deceased but that's all.
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Old 11.05.2011, 20:39
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Re: Lease cancelation - Special circumstance

Hello,

I still don't understand the notice period part, do the dates given by Odile apply for special situations only? My lease contract states that the notice period for termination is 4 months to the date of maturity, if not given by any of the parties it will renew under the same terms, does it mean that I have to stay for another year or find a tenant who wants to take over?

Thanks for your help!
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Old 11.05.2011, 21:11
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Re: Lease cancelation - Special circumstance

Many contracts only allow you leave on the 1 st May and 1 st November, if you have given 3 months notice.

You can leave at other times, but you have to find a solvent tenant to take over your contract.

In your case you can only leave once per year if you have given at least 4 months notice beforehand. It will be difficult to find another tenant as your contract is very restrictive!
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Old 11.05.2011, 22:28
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Re: Lease cancelation - Special circumstance

I arrived mid-year and left my old flat mid-year. The contract also said I could quit twice a year. The thing is that I was not terminating my contract as such - I "took over" the previous tenant's lease, and someone "took over" mine. This is what Ittigen mentioned. I don't see how your case is so exceptional.

Furthermore, I was told that once the two/three tenants I suggested were willing to take over and were capable, that I had "done my part" - and that my rental agency was required to let me go. (Beobachter.ch reference in German here)

Translation of the 2nd paragraph
If you have proposed a reasonable, capable-of-paying follow-on tenant that is willing to take over your lease, you have fulfilied your liability for further rent. The landlord may not impose other requirements.

Last edited by nqnln; 11.05.2011 at 22:31. Reason: translation
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Old 11.05.2011, 23:23
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Re: Lease cancelation - Special circumstance

I read somewhere that in case one does not get permit extension or have to leave the country due to visa expiry then all contracts automatically gets void

Can someone help me here to understand if this is true ?
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Old 11.05.2011, 23:31
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Re: Lease cancelation - Special circumstance

short answer - no.

In general terms, your contract will set out the full terms of your cancellation rights and obligations. There are no special (my grandma has just died) clauses unless they are included in the contract.

But what if....I hear you say.

Sorry, no.

Life just sucks sometimes.
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Old 12.05.2011, 00:59
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Re: Lease cancelation - Special circumstance

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I read somewhere that in case one does not get permit extension or have to leave the country due to visa expiry then all contracts automatically gets void

Can someone help me here to understand if this is true ?
Wishful thinking. This is NOT true at all. Some contracts however do allow you to cancel for the day you leave the country and some wave the cancellation fees. But otherwise you are responsible. Make sure all your cancelations are in writing & registered mail and don't forget to send a copy of your de-registration letter when you have it.
Anyway, this is a topic of another thread I think.
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Old 12.05.2011, 22:15
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Re: Lease cancelation - Special circumstance

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Translation of the 2nd paragraph
If you have proposed a reasonable, capable-of-paying follow-on tenant that is willing to take over your lease, you have fulfilied your liability for further rent. The landlord may not impose other requirements.
That is debatable. Other reliable sources say that a landlord may also turn down a prospective tenant if they would not be a good fit in the property, e.g a family with young children in a building full of retirees.
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Old 12.05.2011, 22:20
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Re: Lease cancelation - Special circumstance

As said before, the Law clearly states that ethnic and religious reasons are not acceptable as refusal. Sadly it seems that many owners may find other reasons to hide refusal on above grounds.
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