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  #21  
Old 18.12.2011, 06:54
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Re: Moving out : Interesting Case

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Like all free advice it's worth spending a few CHF to legally confirm it.
Ain't that the truth...
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  #22  
Old 18.12.2011, 12:44
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Re: Moving out : Interesting Case

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Termination dates and notice times vary from contract to contract. What is pretty much standard is that no one can give notice to the end of December.
Some contracts do not have fixed notice dates, just lead times. So you can terminate the lease to the end of almost any month with a certain number of months notice.

Be careful as some contracts have a mimimum duration before you can give notice.
Thanks for all of the advice and some not so nice advice. I did look at the contract and it says that I have until Feb 28th to give notice, so that would put me 3 months after the end of Feb. Not what I was hoping for...

I am upset to hear that I could be responsible for my father's bills. That's not good. Basically my dad has screwed up his life and I'm having to clean up the mess but that's another story.

I think at this point its best for me to just get a lawyer to handle everything. In reality, I have been abused sitting for months without appliances, lies to the fact that the repair people were contacted but never were, etc. Hopefully that will be grounds to terminate.

The landlord is actually married to a foreigner, so please, for all of you who selfishly keep thinking that I"m ruining your chances to rent a 6000 franc a month apartment in La Conversion for the rest of your life - have no fear. And for the poster who wishes me good luck to find someone who makes over 200k a year - should be a piece of cake in my neighborhood.
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  #23  
Old 18.12.2011, 13:53
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Re: Moving out : Interesting Case

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The Asloca site clearly states that if the 'resiliation' date falls on a Saturday, Sunday or other Jour Férié (what would be called bank holiday in the UK) the registered letter has to arrive on the Friday or on the day before the official holiday (jour férié).
In the Beobachter Swiss consumer magazine, about 6 months ago, there was an article about sending the landlord a registered letter to terminate a rental contract.

A landlord did not collect a registered letter for over a week as he was on holiday! Unbelievably the judge found in his favour, and the tenant had to pay another one month rental. The reason was that as the landlord was away he could not receive the notice to terminate!

So be careful with using the registered letter path to terminate the contract. As we are approaching Christmas holidays, it might be best to send the registered letter tomorrow!
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Old 18.12.2011, 14:31
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Re: Moving out : Interesting Case

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In the Beobachter Swiss consumer magazine, about 6 months ago, there was an article about sending the landlord a registered letter to terminate a rental contract.

A landlord did not collect a registered letter for over a week as he was on holiday! Unbelievably the judge found in his favour, and the tenant had to pay another one month rental. The reason was that as the landlord was away he could not receive the notice to terminate!

So be careful with using the registered letter path to terminate the contract. As we are approaching Christmas holidays, it might be best to send the registered letter tomorrow!
Advice well taken! Thanks for this. I will call the attorney tomorrow morning and get started. If the landlord uses a Regie, do I send the letter to both or to just the regie?
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  #25  
Old 18.12.2011, 16:13
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Re: Moving out : Interesting Case

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In the Beobachter Swiss consumer magazine, about 6 months ago, there was an article about sending the landlord a registered letter to terminate a rental contract.

A landlord did not collect a registered letter for over a week as he was on holiday! Unbelievably the judge found in his favour, and the tenant had to pay another one month rental. The reason was that as the landlord was away he could not receive the notice to terminate!

So be careful with using the registered letter path to terminate the contract. As we are approaching Christmas holidays, it might be best to send the registered letter tomorrow!
That is unbelievable. Back home the judge would have found in favor of the tenant for a simple reason. If a landlord is out of town, he is required by law to appoint someone local to handle any issues (repairs or otherwise) and to notify the tenant of such a person.
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