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Old 14.08.2007, 18:34
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[Leaving Early] Who should advertise apartment, tenant or landlord

If you break your rental contract, and need to find someone, who should advertise the appartment, the tenant or the landlord? I did do an extensive search here but have not yet found an answer.

Second, if my kanton normally has four moving dates, is it legal for the landlord to cross out the 31st of December on the new contract? We have not signed yet, and find this very strange.
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Old 14.08.2007, 18:37
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

The tenant...
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Old 14.08.2007, 18:38
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

another vote for the T-word
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Old 14.08.2007, 18:56
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

Aha, thanks much. More digging revealed a very useful link for early terminations.
http://www.mieterverband.ch/1554.0.html

it has a list of letters in German you can use and a list of things to think of. For reference I am putting a translated list in English here. I hope that is possible.

1) Report early moving date ASAP to owner by registered mail, and keep the receipt and copy of letter! For example letter....see link above.

2) Seek new renters through ads, internet, radio and word of mouth advertising, the more interested people you find the better.

3) Show interested people around and tell them about the conditions of your existing contract.

4) Have the interested people confirm in writing that they have seen the apartment and are prepared to take it over under the same contract conditions. See letter....in link above

5) Send forms of interested people by registered mail to owner, and keep receipts and copy of the letter(s). See example letter.....

6) Call interested people after a few days and ask what the owner said.

7) From interested people who were unjustly rejected by the owner, get a written confirmation. Also do this when the contract is not finalized due to other reasons to do with the behaviour of the owner. Note from muze: Dani_SF says:
Quote:
Acceptable means they would be able to pay for the rent, have a clean Betreibungsauszug and it usually means that they are not receiving DSS, err I meant Sozialhilfe. If the landlord "just doesn't like them" doesn't mean they're not acceptable!
8) After 10 days, obtain a written confirmation from owner that he releases you from the existing rental contract. See example letter...

9) Depending on answer, for example, when the rejection was reasonable, keep looking for renters.

10) In case of trouble, call support: (Tel. 0900 900 800 / Fr. 3.70/Min.).

11) Prepare your move in advance, see link for tips.
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  #5  
Old 17.08.2007, 11:16
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

If you have a separate rental contract for a garage parking spot, one needs to terminate the contract in writing sent via registered mail as well.
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Old 17.08.2007, 11:28
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

Muze7, Good question, and thanks for taking the time to translate that. I'll just add a couple of extra points if I may, based on recent experience.

Before I start - I'll answer that initial question you had about the moving dates - a landlord and tenant can agree on any moving day and notice period that they want. I had Dec 31 crossed out on mine. Ok, initially I had only 2 moving dates, but I pushed for 4, we settled on 3. It seems that Dec 31 is a big no-go for a moving date for many landlords.

Of course the first step is to contact the landlord and ask what to do. Usually he will say "Bring me some people", you then have to do that. A good idea is to ask for some application forms so that you can get prospective tenants to fill them in right then and there and you can send them off directly to the landlord.

It used to be that you had to present 3 suitable tenants, but that is now only 1. By suitable it means that the landlord can't be picky, they have to be capable of paying the rent and fulfilling some basic requirements (don't know exact details), in short, not much of a burden for the current tenant.

That said, I've now seen 2 cases of greedy landlords who want to up the rent. If you want to leave, they'll tell you to find a tenant for the same conditions. When you do, they'll tell the tenant that the rent has gone up, and they'll probably start advertising it themselves at a higher price to test the market.

If this is what is going on, be quite direct and explain that this is not on, and that they must release you immediately from further obligation. If the landlord feels that he'll have no problem securing a tenant at a higher price, he'll have no problem with releasing you from your obligations, you get a letter from him to this effect and the matter is settled.

Better to do this however BEFORE you start wasting your own time! Now what if the landlord wants you to show the apartment to all the people he is trying to get at a higher price. Well that's a personal decision, but if it were me, I'd tell the landlord to take a hike - he can show the apartment after I've moved out (unless the landlord has been nice, and hasn't wasted my time).
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Old 12.06.2010, 15:12
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

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That said, I've now seen 2 cases of greedy landlords who want to up the rent. If you want to leave, they'll tell you to find a tenant for the same conditions. When you do, they'll tell the tenant that the rent has gone up, and they'll probably start advertising it themselves at a higher price to test the market.

If this is what is going on, be quite direct and explain that this is not on, and that they must release you immediately from further obligation. If the landlord feels that he'll have no problem securing a tenant at a higher price, he'll have no problem with releasing you from your obligations, you get a letter from him to this effect and the matter is settled.

Better to do this however BEFORE you start wasting your own time! Now what if the landlord wants you to show the apartment to all the people he is trying to get at a higher price. Well that's a personal decision, but if it were me, I'd tell the landlord to take a hike - he can show the apartment after I've moved out (unless the landlord has been nice, and hasn't wasted my time).

This has happened to us and I really need some advice. We are with Wincasa and contacted them to tell them we wanted to leave early. They sent us forms to have filled out by people who were interested and the rent on the form was 200CHF more than what we are paying now! They also wrote that they were going to advertise the apartment but we are responsible for the rent until the end of our contract (3 months).

When I rang to ask why there was an increase in rent the woman I spoke to was extremely unfriendly and initially refused to give me a breakdown of the cost. She also spoke some obscure Swissdialect to make it difficult for me to understand what she was saying. After I had made it clear that I needed to be able to tell the people who came to view the place exactly what thenebenkosten were, she finally told me there had been an increase in 100 CHF in nebenkosten and 100 in rent! There is no reason for the increase as they have not made any improvements to the apartment and to be quite honest a rent reduction would be more appropriate at the moment as we have a building site next to us! I don't know what we can do as I feel that by increasing the rent by 200CHF is making it more difficult for us to find someone to take over the apartment i.e. it is our risk.

I need to talk to her again on Monday but before I do, I would like to know if anyone knows whether there is a law to release me immediately from further obligation if the landlord wants to increase the rent during this period. Any advice would be greatly appreciated.

Last edited by Longbyt; 13.06.2010 at 13:45. Reason: Please retain square brackets when shortening quotes. It makes the quote stand out.
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Old 12.06.2010, 15:23
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

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If you break your rental contract, and need to find someone, who should advertise the appartment, the tenant or the landlord? I did do an extensive search here but have not yet found an answer.

Second, if my kanton normally has four moving dates, is it legal for the landlord to cross out the 31st of December on the new contract? We have not signed yet, and find this very strange.
Prestige advertised for me on homegate, I was not charged and I was leaving early not in the ''normal '' months also I did not have time to give 3 months notice. All worked well the shifting advertising ..everything was done in less than or around 1 month.
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Old 12.06.2010, 18:04
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

My understanding is that only need to find another party interested in the property - they don't have to accept it. An ad in the Tagi or the like should get a bag of envelopes. Pass these on to the landlord/agent. Job done...
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Old 12.06.2010, 18:16
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

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That said, I've now seen 2 cases of greedy landlords who want to up the rent. If you want to leave, they'll tell you to find a tenant for the same conditions. When you do, they'll tell the tenant that the rent has gone up, and they'll probably start advertising it themselves at a higher price to test the market.

If this is what is going on, be quite direct and explain that this is not on, and that they must release you immediately from further obligation. If the landlord feels that he'll have no problem securing a tenant at a higher price, he'll have no problem with releasing you from your obligations, you get a letter from him to this effect and the matter is settled.

Better to do this however BEFORE you start wasting your own time! Now what if the landlord wants you to show the apartment to all the people he is trying to get at a higher price. Well that's a personal decision, but if it were me, I'd tell the landlord to take a hike - he can show the apartment after I've moved out (unless the landlord has been nice, and hasn't wasted my time).

This has happened to us and I really need some advice. We are with Wincasa and contacted them to tell them we wanted to leave early. They sent us forms to have filled out by people who were interested and the rent on the form was 200CHF more than what we are paying now! They also wrote that they were going to advertise the apartment but we are responsible for the rent until the end of our contract (3 months).

When I rang to ask why there was an increase in rent the woman I spoke to was extremely unfriendly and initially refused to give me a breakdown of the cost. She also spoke some obscure Swissdialect to make it difficult for me to understand what she was saying. After I had made it clear that I needed to be able to tell the people who came to view the place exactly what thenebenkosten were, she finally told me there had been an increase in 100 CHF in nebenkosten and 100 in rent! There is no reason for the increase as they have not made any improvements to the apartment and to be quite honest a rent reduction would be more appropriate at the moment as we have a building site next to us! I don't know what we can do as I feel that by increasing the rent by 200CHF is making it more difficult for us to find someone to take over the apartment i.e. it is our risk.

I need to talk to her again on Monday but before I do, I would like to know if anyone knows whether there is a law to release me immediately from further obligation if the landlord wants to increase the rent during this period. Any advice would be greatly appreciated.
Nebenkosten is only an advance payment against actual costs determined later. Hence, no need to discuss that.

To protect yourself, just find 1 or 2 successors at the present rent. Then you have complied with the law.
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Old 12.06.2010, 23:47
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

Thank you all for your helpful replies
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Old 29.06.2010, 09:26
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

Just writing back to let you know that it is actually possible to get out of a contract early if the rent is increased. I wrote a letter to Wincasa and they wrote back to confirm they accepted the early termination of the contract! Thank you again for all the helpful information.
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Old 30.10.2011, 23:27
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

All of this is very helpful information--thank you! We are in a similar situation, as we will be leaving our apartment 3 months early. I'm glad to know what our rights are as tenants.

Luckily, our landlord has been very, very accommodating. We offered to do all of the advertising, and he has warmly wished us luck (although of course if we can't find someone we will be liable for three months rent--which will be impossible for us to pay--so I'm a bit stressed out about it. But I'm sure we'll find someone in the end.)
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Old 30.10.2011, 23:51
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Re: [Leaving Early] Who should advertise apartment, tenant or landlord

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All of this is very helpful information--thank you! We are in a similar situation, as we will be leaving our apartment 3 months early. I'm glad to know what our rights are as tenants.

Luckily, our landlord has been very, very accommodating. We offered to do all of the advertising, and he has warmly wished us luck (although of course if we can't find someone we will be liable for three months rent--which will be impossible for us to pay--so I'm a bit stressed out about it. But I'm sure we'll find someone in the end.)
I have read that if you provide the landlord with 3 worthy tenants then
your liability for these 3 months is gone. Can anyone confirm this?
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