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Old 29.08.2006, 12:54
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Moving Out of Switzerland -Termination of rental

Hi,

I will be moving out of switzerland (Ticino) soon and will relocate to another country. According to my rental contract I have 3 months notice period. When I have advised my landlord about my move, it was a quite surprise to learn that I could not use my notice period before August 2007.

Since the contract was originally Italian and I can not speak Italian, I didnt understand that clause in the contract when I have first signed. I thought the contract was 2 years with a notice period of 3 months.

My question is, if you are leaving Switzerland can you not cancel the contract before, like any other normal country?

What if I've been fired and have to leave the country ?

Thanks
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Old 29.08.2006, 13:00
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Re: Moving Out of Switzerland -Termination of rental

elsa
you'll be saying next to the Polizia that because the no entry sign was written in Italian, it doesn't count

Really you should have had someone check and explain the contract...but all is not lost.

You need to advertise your place for rent and in theory you should be able to get the next tenant and appease the landlord. I don't know how the rental market is in Lugano - did it take long to get a place?

www.mieterverband.ch - there is no Ticinese branch but they might be able to advise you.

Do you intend to return to Switzerland?
How much deposit have you placed and is it in a bank account that would need you to sign this amount over to the landlord?
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Old 29.08.2006, 13:20
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Re: Moving Out of Switzerland -Termination of rental

At least I have to chance to convince the polizia (not likely... we are in Switzerland)

I'm not planning to come back to Switzerland. The deposit is 6000 CHF and it is in a bank account. If i think about the yearly rental amount that I have to pay compared to the deposit, I can leave the deposit to the landlord to get out of this situation.
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Old 29.08.2006, 13:22
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Re: Moving Out of Switzerland -Termination of rental

Why not either advertise for a Nachmieter, or make him an offer to Go Away.

dave
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Old 29.08.2006, 13:40
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Re: Moving Out of Switzerland -Termination of rental

Quote:

My question is, if you are leaving Switzerland can you not cancel the contract before, like any other normal country?

What if I've been fired and have to leave the country ?

Thanks
No you cannot cancel the contract other than under the terms of the contract which is more or less identical with any other country... A contract is generally a standalone agreement between two parties and there is a termination part. This termination part is valid if it does not contradict the written law which yours sounds as if it might... but before you go down that route it is easily better to find someone to take the flat on. You need to sacrifice (usually) one Saturday as an open day for the flat and make sure the world knows it is for rent so in the local coop, homegate etc. If you can find three people prepared to take it on then you are free. If of course you are being ripped off and the rent is far too high then you might just have a problem.

The situation of being forced to leave the country is covered in OR and the maximum penalty the landlord can hold you to is 3 months which is funnily enough also the maximum deposit he can request...
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Old 29.08.2006, 14:00
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Re: Moving Out of Switzerland -Termination of rental

In France if you are moving to an another country you can terminate the contract with 1 months period although it is 3 months according to contract. I thought that might be the same here. I will try to find someone but I dont even know where to advertise the flat. Lugano is pretty small and there is not so many job opportunities here.

Thanks all for your help
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Old 29.08.2006, 15:11
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Re: Moving Out of Switzerland -Termination of rental

Get someone to read the contract, two years is unusual, it is usually one year in CH. My understanding is that in most kantons, your duty is to get three people who fill in the form, indicating that they are interested, then you are off the hook.

Advertise in your local newspaper, homegate.ch, immoscout.ch, students.ch or wgzimmer.ch if your landlord would not mind having multiple students in.
Most local newspapers also allow advertising online.
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Old 29.08.2006, 19:03
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Re: Moving Out of Switzerland -Termination of rental

Quote:
The situation of being forced to leave the country is covered in OR and the maximum penalty the landlord can hold you to is 3 months which is funnily enough also the maximum deposit he can request...
Richard
What do you mean "OR"?
Just for interest!
I might end up in that situation - my company is pretty volatile!!
Thanks
Rob
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Old 06.09.2006, 14:00
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Re: Moving Out of Switzerland -Termination of rental

Hi,

Well, I am looking for a flat in Lugano near the University of Lugano to study there for about 2 years. So, is it near the Uni? Could you describe the flat and the price for me ( the net price and the additional price)? Also please give me the full address and your telefone number so that I can contact you in person later.
If possible, please post it in the forum, or mail me to the following email
angelloveh@gmail.com

I am looking forward to hearing from you soon.

Angela
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Old 06.09.2006, 14:23
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Re: Moving Out of Switzerland -Termination of rental

Hi Angela,

My flat is in Castagnola and it is not far from the University. Walking distance 10-15 minutes. The apartment is by the lake and it is furnished. But the landlord is giving the option to remove the furnitures if needed. 2 bedrooms, 1 living room and front balcony with fantastic lake view. There is also a pool in the garden. The rent is 1800 CHF + 200 CHF expenses + 100 CHF for the car park. Total 2100CHF.


I dont know when you will be moving to Lugano, but I will be keeping it until the end of November. Just for your info.

Have a look & let me know if it is OK for you.

Last edited by elsaforever; 06.09.2006 at 17:12.
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Old 06.09.2006, 14:39
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Re: Moving Out of Switzerland -Termination of rental

Hi,

Thank you very much for your mail and the information you provided. Well, I am afraid that I can not afford your apartment because I am just a student. Moreover, I need to move in flat by the end of this Sept and prefer a flat nearer the Uni.

Thank you very much and hope that you will soon find a suitable one for the flat.
Best wishes,

Angela
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Old 06.09.2006, 16:57
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Re: Moving Out of Switzerland -Termination of rental

elsaforever - you need to get advice from people who really understand this stuff. There is likely an organisation for people renting flats, but I don't know what the English or Italian word for such a thing might be. If they can't help you, see a lawyer. Seriously.

Oh, and good luck!
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Old 06.09.2006, 17:00
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Re: Moving Out of Switzerland -Termination of rental

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elsaforever - you need to get advice from people who really understand this stuff. There is likely an organisation for people renting flats, but I don't know what the English or Italian word for such a thing might be. If they can't help you, see a lawyer. Seriously.

Oh, and good luck!
renters association, mentioned in post 2 and acknowledging also that there is no Ticinese branch
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Old 17.04.2008, 14:17
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Re: Moving Out of Switzerland -Termination of rental

hi!

we moved to Zug area 2 months ago. we signed for 12 month rental agreement, with 3 month notice period. we payed 3 months deposit + one months rent ahead. we want to terminate the contract. first of all we think the house is not worth what we are paying and has quite a few problems. it is run down and not well looked after. when the snow melted we could see the garden that we'd been dreaming about... it is messy. rubbish everywhere and in many places unsafe for a child. we came to a conclution that it is not suitable for us, or anyone untill the landlord sorts out the property and that we had made a misstake in renting it. what is the usual procedure and what should we do? someone said that we will have to keep paying for one year untill the contract ends or try and find someone to take over our contract? that sounds a bit strange...

any help would be great. or if you have been in the same situation would be great to hear what was the outcome.

thanks.
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Old 17.04.2008, 15:12
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Re: Moving Out of Switzerland -Termination of rental

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we moved to Zug area 2 months ago. we signed for 12 month rental agreement, with 3 month notice period. we payed 3 months deposit + one months rent ahead. we want to terminate the contract. first of all we think the house is not worth what we are paying and has quite a few problems. it is run down and not well looked after. when the snow melted we could see the garden that we'd been dreaming about... it is messy. rubbish everywhere and in many places unsafe for a child. we came to a conclution that it is not suitable for us, or anyone untill the landlord sorts out the property and that we had made a misstake in renting it. what is the usual procedure and what should we do? someone said that we will have to keep paying for one year untill the contract ends or try and find someone to take over our contract? that sounds a bit strange...

any help would be great. or if you have been in the same situation would be great to hear what was the outcome.
I'd suggest join the Mieterverband Kanton Zug immediately. For a small membership fee of 65.- pa (+ joining fee of 15.-), you have access to their professional advice.
They will happily tell you what your and your landlords obligations are and how you can get the landlord to sort things out if they are not up to the high Swiss standards.
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Old 17.04.2008, 15:36
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Re: Moving Out of Switzerland -Termination of rental

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If you can find three people prepared to take it on then you are free.
Why do you say 3 people Richard? my understanding is that the law only requires you to find 1 person who is solvent (ie can afford the rent) and is willing to take over the place under the same conditions as present.
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Old 17.04.2008, 15:38
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Re: Moving Out of Switzerland -Termination of rental

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Hi,

I will be moving out of switzerland (Ticino) soon and will relocate to another country. According to my rental contract I have 3 months notice period. When I have advised my landlord about my move, it was a quite surprise to learn that I could not use my notice period before August 2007.
Unless you have made a typing error, august 2007 is gone and will not be back so you can hand in your 3 months notice without a problem...

If this is a typing error, all you need to do is advertise your place and get at least 2 people willing to sign the same contract as you have and your landlord can't do anything, they then have to give your money back as you found 2 suitable people, it is after all up to your landlord if they take them or not but you did everything you could....

good luck
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Old 17.04.2008, 15:48
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Re: Moving Out of Switzerland -Termination of rental

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Unless you have made a typing error, august 2007 is gone and will not be back so you can hand in your 3 months notice without a problem...

If this is a typing error, all you need to do is advertise your place and get at least 2 people willing to sign the same contract as you have and your landlord can't do anything, they then have to give your money back as you found 2 suitable people, it is after all up to your landlord if they take them or not but you did everything you could....

good luck
Maybe you haven't noticed that the msg was posted on Aug 2006.
That was one year before Aug 2007.
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Old 17.04.2008, 16:26
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Re: Moving Out of Switzerland -Termination of rental

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Why do you say 3 people Richard? my understanding is that the law only requires you to find 1 person who is solvent (ie can afford the rent) and is willing to take over the place under the same conditions as present.
Law says find a substitute. Putting forward 3 applicants is playing safe. Just in case the landlord finds some reason to discard the only candidate.
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Old 17.04.2008, 17:00
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Re: Moving Out of Switzerland -Termination of rental

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Maybe you haven't noticed that the msg was posted on Aug 2006.
That was one year before Aug 2007.

No i didn't notice that sorry.....xxx
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