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Old 20.06.2011, 23:28
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Fixed rent contract is finished - agency wants me to pay if they can't find a tenant

Hello,

I have a fixed contract. It is explicitly written that my contract ends at the end of June and I must leave the apartment.

No problem, I have a new place and have moved (to another canton in fact). The agency originally said they wanted the apartment empty for companies, now, in the middle of June they started advertising the apartment for rent for July 1st.

I am the contact person for showings, and have made the apartment available for viewings on Saturdays when I come back to town. I've had people visit, are interested in the apartment and say on Monday morning they are applying at the Regi.

However, I have just received word from my Regi saying that if they don't find anyone to rent for July 1st will be obligated to pay rent for that month. I open the apartment for viewings for several hours on Saturdays. What else are my obligations?

Of course, I didn't think there was a problem last weekend and didn't get names of people interested, but this weekend I will.

I've found lots of information about how to end a lease early, but what if your lease is finished - how much obligation are you under. I tried the search function and the asloca webpage but I couldn't find information.

Thanks,
cereus
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Old 20.06.2011, 23:45
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Your contract is finished, so no obligations on both parties....they cannot charge you unless you have a signed contract for july (which you don't)
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Old 20.06.2011, 23:49
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Reach and better still become a member of the Mieterverband for Graubünden as you are located in Davos.

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


Mieterinnen- und Mieterverband Graubünden
Frau Carmen Sprecher-Gartmann
Postfach 83
7006 Chur

081 / 534 05 95

graubuenden(at)mieterverband.ch

Last edited by jrspet; 21.06.2011 at 00:06.
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Old 20.06.2011, 23:50
Ittigen
 
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

This Agency must be fraudulent or totally incompetent. Please name them!

Agreed with Mowvich, your obligations are finished on July 1st. Just post the keys back to them.
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Old 20.06.2011, 23:51
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Thanks for the info.

Does anyone know what your obligations are for showing the apartment? Like for example hours per week that it must be available.

I've been showing it on Saturdays since that's when I'm around. I don't want to give my keys away, the apartment is still full of my stuff, in nice conveniently packed boxes which could grow legs and walk off Plus I'd be responsible if anything was damaged.

Cereus
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Old 20.06.2011, 23:53
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

That seems a little strange to me and I can't see why they could / would expect you to be paying any longer than the fixed contract length.

Would be interested to see what people with more knowledge on this type of situation provide as answers.

Is there any small print hidden away on the contract that you might of missed / or missed due to it being a non native language?. Although I still can't see with the information you have provided how you would need to be paying longer than the fixed contract length.

Only reason I could come up with is something to do with the contract being rolled over like many contracts here in Switzerland (like for internet / phone etc) and then you having another fixed term contract for the same duration as you haven't cancelled in the appropriate time. Is that a possibility? Seems not from the info provided.
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Old 20.06.2011, 23:57
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Contact Mieterverband as jrspet advised, 30 June ask them to come do etat de lieux, if they refuse, go straight to the Mieterverband and announce that, they will take all legal actions.

Best is take someone with you from Mieterverband incase there's struggle, otherwise they can charge you for totally repainting and refurbishing the apartment.
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Old 21.06.2011, 00:10
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

I am a member of Asloca.

Ah now here is maybe where I get screwed (as I go through my paperwork in preparation for handover)

I have my original contract which explicitly states
Duree. Le bail
commence a midi le: 10 Janvier 2010
et se termine a midi 31 mars 2011
il se renouvellera aux memes conditions pour _0 mois_ sauf avis de resiliation de l'une ou l'autre des parties donne et recu par lettre chargee au moins _0 mois_ a l'avance pour la prochaine echeance et ainsi de suite de _0 mois en 0 mois_.

which pretty explicitly states I have the apartment until March. And the French speaking secretary who called on my behalf made quite sure that I was expected to leave because I was on a fixed term contract.

Then I asked for a three month extension. I signed a second contract saying I pay the same rent from April 1st till June 30th and then I must leave. And I asked at the Regi to confirm that yes I must leave.

Then I waited for them to send me the contract and my bills which they never did. So I went and got info about how to continue paying rent without the orange stubs and realize now I didn't get the copy of the rental agreement which I had previously signed. Yeah, stupid in hindsight, at the time I was looking to move into a trailer in Valais if I didn't get the extension so this one slipped and I feel really stupid right now.

I'm not the only person who has talked about my new rental contract with the Regi. They originally called the secretary at my old job that they had a three month contract ready and I was to come and sign it. I know for sure I signed something explicitly stating three months so they can't pull out some other form and claim I signed it.

So with that little bit of a mess, how do I proceed? First thing I will do is ensure that Asloca is present at my leaving inspection next Monday morning.
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Old 21.06.2011, 00:10
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

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However, I have just received word from my Regi saying that if they don't find anyone to rent for July 1st will be obligated to pay rent for that month.
Regi, isn't that the same as Hausabwart here in the German speaking part of Switzerland..? As in the guy that mops the stairway and does the handyman work around the building..?

S/he would be the last person I'd expect to know what your obligations are in your rental agreement. Call the rental agency, they are the people you should be talking with about this..!!
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Old 21.06.2011, 00:11
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Regi = landlord to me. My landlord agency who handles my contracts.
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Old 21.06.2011, 00:13
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

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Regi, isn't that the same as Hausabwart here in the German speaking part of Switzerland..? As in the guy that mops the stairway and does the handyman work around the building..?

S/he would be the last person I'd expect to know what your obligations are in your rental agreement. Call the rental agency, they are the people you should be talking with about this..!!
Regi is French slang for the rental agency / property management company.
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Old 21.06.2011, 00:15
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

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Regi = landlord to me.
Ah ha.. then I miss understood the French term.

If you have a "signed" contract that clearly states a end of term date then you're off the hook, you surely do not have to pay rent for the following months the apartment is empty.
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Old 21.06.2011, 00:17
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

You don't have a contract in hand but you're sure you signed for only 3 months, so you're still on the right side.

In any legal circumstances the contract will be the judge, they have to supply the contract you signed or nothing at all, in both case, you're good to go with no obligations
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Old 21.06.2011, 00:21
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

I believe the angle my Regi wants to try is to claim I am not available enough for people to view the apartment and therefore since I am not fulfilling my obligations I am costing them potential income.

That's why I was just wondering if there are rules about how often my apartment must be available for viewing.

Thanks for all the tips though!
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Old 21.06.2011, 00:23
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

I never heard of rules regarding visits, normally people organize 2 to 3 visits and that's it, after that it's the regie's problem not yours....let them do their job and go on with your life.
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Old 21.06.2011, 00:27
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

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I believe the angle my Regi wants to try is to claim I am not available enough for people to view the apartment and therefore since I am not fulfilling my obligations I am costing them potential income.

That's why I was just wondering if there are rules about how often my apartment must be available for viewing.

Thanks for all the tips though!
does it say anything in your contract about this?

ask them the exact reason why they think you need to pay for an extra month.
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Old 21.06.2011, 00:34
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Forum: 6 results after searching for "Viewing apartment"

How Many Viewing Days??? (11) 8.Oct.2010
Thalwil 4.5 Room + Study Apartment Available – Viewing this week (2) 5.Aug.2010
4.5 Apartment to rent from July 1st in Affoltern (2) 25.May.2010
Any first time entrant succeeded in renting an apartment through general viewing? (7) 5.Aug.2009
Apartment Viewings..! For Bern... (3) 17.Jul.2009
2 room apartment for rent in Seefeld - viewings this week !!!!! (UPDATED) (1) 17.Mar.2009
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Old 21.06.2011, 00:39
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Hmmm, my French isn't that great, but as I go through the additional paperwork for my lease in the official "Dispositions paritaires romandes et regles et usages locatifs du canton de vaud" I can't see anything about how I must be available for visits.

I'll have to ask someone tomorrow with better French than me to take a glance at the additional part of my lease.

Tomorrow I can contact the Regi and ask for a copy of my lease.
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Old 21.06.2011, 00:41
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten...

Forum: 6 results after searching for "Viewing apartment"

How Many Viewing Days??? (11) 8.Oct.2010

http://www.englishforum.ch/housing-g...-days.htm</b>l
http://www.mieterverband.ch/bs_top.0.html
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Old 21.06.2011, 00:45
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Re: Fixed rent contract is finished - agency wants me to pay if they can't find a ten

To the OP: good luck

To Ittigen: I think you've got a problem
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