I have a 4 month notice period on my apartment, and gave my agent notice with 3 months to go. They subsequently put an advert up with teh full 4 month notice period.

People sent the agent their interest in the apartment, with some willing to rent form 1 August (3 month notice), and others from 1 September (4 month notice).

The agent subsequently chose a tenant to start on 1 September leaving me liable for a months rent.

Does anyone know what my rights are on this. A tenant is available from my preferred date, and I feel they mis-advertised deliberately. Am I really responsible for this extra month of rent? What can be done to argue this?

Thanks

The agency don't care. You should find someone (not sure if you can present the same tenant that the agency has found) who is willing to move in earlier.

Is it really as black and white as that (and excuse me if I say so as well - disgusting business practise!). I thought the rule was if you found at least 1 person who was willing to take over your apartment you had no liability?

I don't see anyway of getting out of this unless you can prove that 4 months notice period is illegal or reasonably illegal as the standard is 3 months as far as I'm aware...

How much do you stand to lose? Paying double rent is not uncommon in Switzerland, I know people who were faced with worse situations where you can only give 3 months notice in March or September and if you miss the deadline you have to wait 6 months more and they couldn't find anyone to take over the apartment for a while...


If you can't do anything use that month to help you move into the new place and clean it so you don't incure any charges at least

I think that's correct, too (one "suitable" tenant, anyway). However, unless you didn't word it well your first post implies you haven't found anyone; it's the agency that found those tenants via their advert.

You're correct the agency found the person. But I suppose I have 3 months to find my own person.

I can't actually tell you how irritated I am.... sorry to vent, but I feel like I have been spat on and kicked, the level of service is abhorrent! Oh well,we will to fight another day

If I was you I would contact the Mieterverband (tenants association) to find out the correct legal position.

Cheers,
Nick

The correct legal position is pretty simple: You signed a contract. It has a notcie period in it. If you want to get out early, you need to find tennants that want to move in early.

So here is how it works: Make ads youself, get a form from the landlord that potential tennants need to fill out, show interested people the flat, make them fill out the form, send it to the landlord.

Unless you have some serious beef with a landlord does none need or want to hurt you with the extra months. Without all info on the table can I only guess that the tennants that wanted the place from September were for other reasons chosen. I for example had before some people showing interest that on the last moment rejected (maybe the ones for August did) and others that had not enough income to rent the place... you never know what actually happened as you had the landlord do the work for you...

Sorry, I misread the OP and where the overlapping was.

Do carry on.

Cheers,
Nick