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Old 27.07.2011, 18:49
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Help! Frustrated by our agent.

I know that we are foolish when we get angry. Sorry, I am foolish now, so pls be patient on my story.

My husband and I are moving in to a new apartment on 1.Oct.2011. To end the contract with our current agent company, we called the agent and in the meantime sent a registered letter for cancelling the contract in the beginning of July telling our agent that we would like to move out on 30.Sep.2011.

No doubt we were obligated to end it with 3 months' notice according to the contract, but we thought we also had an option to end it as our wish if we would be able to find a tenant taking over the apt. Yes, we found. One of our friends wanted to take this apt (He is working in a big company in Zurich), and immediately sent an application form to our agent.

Last week we received a letter from our agent saying that we only could move out on 1.Nov.2011, but we could on 1.Oct.2011 unless we found a tenant taking over our apt. As I mentioned above, we already did it. Yesterday he sent us back the termination contract with his name signed by letter. Today he sent us an email saying that we could move out 1.Nov.2011. OH, what's the matter with our agent? Is there anything we can do to save our money. In this case we will pay 1.5 months overlaping rental for both the new and old apartments.

Any info you provide will be highly appreciated. Thanks, thanks, thanks.....
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Old 27.07.2011, 18:53
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Re: Help! Frustrated by our agent.

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I know that we are foolish when we get angry. Sorry, I am foolish now, so pls be patient on my story.

My husband and I are moving in to a new apartment on 1.Oct.2011. To end the contract with our current agent company, we called the agent and in the meantime sent a registered letter for cancelling the contract in the beginning of July telling our agent that we would like to move out on 30.Sep.2011.

No doubt we were obligated to end it with 3 months' notice according to the contract, but we thought we also had an option to end it as our wish if we would be able to find a tenant taking over the apt. Yes, we found. One of our friends wanted to take this apt (He is working in a big company in Zurich), and immediately sent an application form to our agent.

Last week we received a letter from our agent saying that we only could move out on 1.Nov.2011, but we could on 1.Oct.2011 unless we found a tenant taking over our apt. As I mentioned above, we already did it. Yesterday he sent us back the termination contract with his name signed by letter. Today he sent us an email saying that we could move out 1.Nov.2011. OH, what's the matter with our agent? Is there anything we can do to save our money. In this case we will pay 1.5 months overlaping rental for both the new and old apartments.

Any info you provide will be highly appreciated. Thanks, thanks, thanks.....

many times said before. Join ASLOCA and threathen the agency with it. I believe you need to find 3 tenants however who all pass the "Test".....then the agency decides. They gave us a bunch of crap also and we simply said asloca, next thing everything was good.
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Old 27.07.2011, 21:05
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Re: Help! Frustrated by our agent.

To quit by the end of September you would have had to send the letter by the end of June and not in July so I guess that is why they are acting the way they are.

What does your contract actually state? Many contracts have official leaving dates and if you missed this one (end Sep/beginning Oct) then officially you might have to wait until next spring. Maybe they are doing you favour after all.

Check the contract carefully if I were you.
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Old 27.07.2011, 22:00
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Re: Help! Frustrated by our agent.

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many times said before. Join ASLOCA and threathen the agency with it. I believe you need to find 3 tenants however who all pass the "Test".....then the agency decides. They gave us a bunch of crap also and we simply said asloca, next thing everything was good.
Thank you, Anthony. My HB read the law related this afternoon, and found the same resault like you said. Also, as for the ASLOCA, we just join it this afternoon, and have an appointment 2. Aug.
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Old 27.07.2011, 22:45
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Re: Help! Frustrated by our agent.

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To quit by the end of September you would have had to send the letter by the end of June and not in July so I guess that is why they are acting the way they are.

What does your contract actually state? Many contracts have official leaving dates and if you missed this one (end Sep/beginning Oct) then officially you might have to wait until next spring. Maybe they are doing you favour after all.

Check the contract carefully if I were you.
In our case, we can end the contract with the 3 months' notice. Based on the agent's letter, we could move out on 1.oct if we found a tenant taking over our apt. We found.
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Old 28.07.2011, 02:55
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Re: Help! Frustrated by our agent.

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To quit by the end of September you would have had to send the letter by the end of June and not in July so I guess that is why they are acting the way they are.

What does your contract actually state? Many contracts have official leaving dates and if you missed this one (end Sep/beginning Oct) then officially you might have to wait until next spring. Maybe they are doing you favour after all.

Check the contract carefully if I were you.

normally if you give 3 months notice you do not have to find tenants. you can simply move out like that. It is if you break the 3 months notice that it is to late and you need to find candidates...thats how it was explained to me at one point.
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Old 28.07.2011, 09:12
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Re: Help! Frustrated by our agent.

Can't your friend move in on 1st October, as planned, then just pay the month's rent instead of you?

You could retract your contract termination and remain as the main tenant but your friend could become the "nachmieter" (subletter) and just pay the rent via you instead.

A friend of ours sublet his apartment for 6 months while he went travelling then, when he returned to Switzerland complete with new lady-friend in tow, he handed his original apartment over to his sublet tenant in order to find a nicer bigger apartment.
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Old 28.07.2011, 10:07
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Re: Help! Frustrated by our agent.

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Can't your friend move in on 1st October, as planned, then just pay the month's rent instead of you?

You could retract your contract termination and remain as the main tenant but your friend could become the "nachmieter" (subletter) and just pay the rent via you instead.

A friend of ours sublet his apartment for 6 months while he went travelling then, when he returned to Switzerland complete with new lady-friend in tow, he handed his original apartment over to his sublet tenant in order to find a nicer bigger apartment.
Thank you, Sandgrounder. Normally agent will allow the potential tenant recommended by the current tenant to take over the apt. So, we did. The next two weeks after our cancellation (meanwhile my friend already sent him the application form), the agent has had no response to my friend. During this period of time, we ever called the agent, and he told us we could move out 1.0ct. But yesterday he wrote to us informing that he already decided giving our apt to another person, so we only could move out on 1.Nov. Is here a trick?
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Old 28.07.2011, 10:15
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Re: Help! Frustrated by our agent.

He is the one choosing the tenant, not you.....the only way to have your friend move in is through subletting which I think might be to late now as another tenant has been found....
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Old 28.07.2011, 10:31
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Re: Help! Frustrated by our agent.

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Thank you, Sandgrounder. Normally agent will allow the potential tenant recommended by the current tenant to take over the apt. So, we did. The next two weeks after our cancellation (meanwhile my friend already sent him the application form), the agent has had no response to my friend. During this period of time, we ever called the agent, and he told us we could move out 1.0ct. But yesterday he wrote to us informing that he already decided giving our apt to another person, so we only could move out on 1.Nov. Is here a trick?
Sadly, he's within his rights to pick and choose the next tenant. The other factor is (especially in Zurich where the housing market is tight), if he takes another tenant unknown to you, he is free to increase the rent a bit if he wants. If you bring in someone you know, they will know what the rent is and the agency won't be able to quietly increase it.
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Old 28.07.2011, 11:56
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Re: Help! Frustrated by our agent.

I got the same problem with my agent. If your friend has a good profile with good salary, he has to accept him from 1st oct. In my case, I called the agent and I told him that im not going to pay and he has to accept my friend or find someone else. In fact, he wanted to give the appart to one of his "friends" and finally he accepted to cancel the contract. I told him that the only excuse that you don't accept my friend is that you are racist...
If he dosen't accept, tell him that you are going to subrent it for few months and you want to keep the appart...
Anyway, you have to shout at him...being kind will never work.
good luck
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Old 28.07.2011, 13:11
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Re: Help! Frustrated by our agent.

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Sadly, he's within his rights to pick and choose the next tenant. The other factor is (especially in Zurich where the housing market is tight), if he takes another tenant unknown to you, he is free to increase the rent a bit if he wants. If you bring in someone you know, they will know what the rent is and the agency won't be able to quietly increase it.
Yes, he is within his rights to refuse the applicant but is it not the law though (?) that if you find a replacement tenant who has the funds to pay the rent, you are released from the rental agreement.. the contract might stipulate you need to find a least three interested individuals willing to take over the apartment but, AFAIK, you just need the one.. but to be sure, check with the mieterverband/asloca

Your agent might be playing silly buggers with you too as he/she could have a friend/interested party who wants the place for November 1st and is hoping that you, being non the wiser, will do as he/she tells you.

I would call their bluff and contact the agent in writing via e-mail/letter and mention the mieterverband, and as you have found them an interested applicant who has the funds to pay the rent, you are no longer liable for the rent for October 2011, include a copy of your friend's application. And in the meantime, go see the Mieterverband/Asloca with your rental contract and find out what your rights are - it could be that you just need to find one other applicant, as well as your friend's, for the apartment in order to be released from the contract (?)
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Old 28.07.2011, 13:17
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Re: Help! Frustrated by our agent.

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I got the same problem with my agent. If your friend has a good profile with good salary, he has to accept him from 1st oct. In my case, I called the agent and I told him that im not going to pay and he has to accept my friend or find someone else. In fact, he wanted to give the appart to one of his "friends" and finally he accepted to cancel the contract. I told him that the only excuse that you don't accept my friend is that you are racist...
If he dosen't accept, tell him that you are going to subrent it for few months and you want to keep the appart...
Anyway, you have to shout at him...being kind will never work.
good luck
Well, that's going to get him on-side, isn't it..

Not.
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Old 28.07.2011, 23:29
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Re: Help! Frustrated by our agent.

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In my case, I called the agent and I told him that im not going to pay and he has to accept my friend or find someone else. In fact, he wanted to give the appart to one of his "friends" and finally he accepted to cancel the contract. I told him that the only excuse that you don't accept my friend is that you are racist...
If he dosen't accept, tell him that you are going to subrent it for few months and you want to keep the appart...
Anyway, you have to shout at him...being kind will never work.
good luck
Thank you, Jean. What you said is what I really want to do to the agent. Yes, I really consider it.
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Old 28.07.2011, 23:47
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Re: Help! Frustrated by our agent.

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Yes, he is within his rights to refuse the applicant but is it not the law though (?) that if you find a replacement tenant who has the funds to pay the rent, you are released from the rental agreement.. the contract might stipulate you need to find a least three interested individuals willing to take over the apartment but, AFAIK, you just need the one.. but to be sure, check with the mieterverband/asloca

Your agent might be playing silly buggers with you too as he/she could have a friend/interested party who wants the place for November 1st and is hoping that you, being non the wiser, will do as he/she tells you.

I would call their bluff and contact the agent in writing via e-mail/letter and mention the mieterverband, and as you have found them an interested applicant who has the funds to pay the rent, you are no longer liable for the rent for October 2011, include a copy of your friend's application. And in the meantime, go see the Mieterverband/Asloca with your rental contract and find out what your rights are - it could be that you just need to find one other applicant, as well as your friend's, for the apartment in order to be released from the contract (?)
Thank you, Swisstree. My HB was doing "research" on it when I was burnt by the agent's final decision. My HB joined the Mieterverband and made an appointment with them. His thinking and way of taking action is more like what you suggested.
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Old 29.07.2011, 00:13
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Re: Help! Frustrated by our agent.

Maybe it's just a mistake and not a "trick". How about calling him & not yelling at asking him why your friend can't have the place that he wants and he wants to move in 1 Oct. and then remind him that yesterday or whenever he agreed to let you out on 1 Oct so why did the letter say 1 Nov.
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Old 29.07.2011, 11:21
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Re: Help! Frustrated by our agent.

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Maybe it's just a mistake and not a "trick". How about calling him & not yelling at asking him why your friend can't have the place that he wants and he wants to move in 1 Oct. and then remind him that yesterday or whenever he agreed to let you out on 1 Oct so why did the letter say 1 Nov.
Thank you mminiMia. We think that a smart people will have things done with a win-win solution, and wouldn't harm others against his/her own interest or without benefit on it. We don't think he is stupid, so he undoubtedly did it with a reason. That reason the most probably is that his friend wanted taking over our apt. Since he did it on purpose, he has been prepared to respond us with an excuse. That is why my husband made an appointment with the M. He wants more professional opinions, then face the agent with proof. We don't like a war. But it doesn't mean anyone can harm us without any difficulty.
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Old 29.07.2011, 12:44
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Re: Help! Frustrated by our agent.

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Maybe it's just a mistake and not a "trick". How about calling him & not yelling at asking him why your friend can't have the place that he wants and he wants to move in 1 Oct. and then remind him that yesterday or whenever he agreed to let you out on 1 Oct so why did the letter say 1 Nov.
Being kind didn't work for this agent, he changed his mind and it is not normal neither professional. he already decided to give the appart to one of his 'friend'. And of course he prefers that his friend take all his time to move and ask 'snowy' to pay. Snowy sent a good profile to take his appartment, why then refusing??? In my case, it was really 'racist', my friend was arabic but having extremely good profile (professor in a university), and nice recommendations from the old agent and he didn't accept him!!!!
Snowy, the agent may tell you that you should send at least 3 profiles. Tell him, ok I have already 3 tenants. Since you are moving in 1st october (in two months), im pretty sure you can find more than 5 tenants. Godd luck
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