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Old 19.12.2011, 12:51
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Found nachmieter...landlord thinks he can put up the rent

Please could someone put my mind at rest.
I found a nachmieter (excellent references, can move in as soon as we move out in Jan etc). The landlord is looking at the application right now but has told me he's going to put up the rent for the new tenant. I don't think he can do this as they are effectively taking over our existing contract (please can someone confirm). If the new tenant pulls out because they don't want to pay the increased rent (I've no idea what he intends to propose) am I right in saying I've fulfilled my obligation by introducing a new tenant who is prepared to pay the existing rent level?
I've searched the forum and can't find the exact scenario already discussed.
Thank you
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Old 19.12.2011, 13:00
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Re: Found nachmieter...landlord thinks he can put up the rent

Your problem is not unique, so check out the information in the Sticky at the top of this sub-forum. There are two links to official sources there which might help and give you tips on where to look further.

Information given by EFers, however well meant and however accurate will, regretably, not impress your landlord.
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Old 19.12.2011, 13:07
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Re: Found nachmieter...landlord thinks he can put up the rent

Yes, you are right. Your responsibility ends when you produce someone* who would be able and willing to take over your existing contract - no changes to rent, notice periods, rules on laundry or pets - just your contract as it is now.

Whatever happens after that is not your problem. The landlord might increase the rent, change the laundry schedule, or he might refuse that tenant point-blank for no reason at all. That's up to him, and it doesn't affect your ability to leave.


*One suitable replacement is legally all that's required, but renters' associations strongly recommend that you bring at least three. That way even if the landlord finds some fault with one of them (maybe he has a bad credit rating, overstated his salary on the application or something - you couldn't have known!) you're still in the clear with the other two.
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Old 19.12.2011, 13:08
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Re: Found nachmieter...landlord thinks he can put up the rent

They may be taking over your apartment but the won't be taking over your contract AFAIK, just willing to take the apartment on the same basis as you. They will sign there own contact with the landlord with potentially new terms if needed, but that is down to them. Depending upon when the rent was last reviewed and if any work was done etc, the landlord would be within his rights to increase the rent I think, within reason of course. Unless he specifically told you (best in writing) that there would be no change to the rent for the next tenant, the rent you pay is a guide only. Did you confirm the new rental arrangement with the landlord before advertising the apartment? That not withstanding you have fulfilled your minimum obligation by providing a suitable tenant, the more the better though.
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Old 19.12.2011, 13:29
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Re: Found nachmieter...landlord thinks he can put up the rent

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I don't think he can do this as they are effectively taking over our existing contract
semi-correct. He can do this, but the Nachmieter does not have to accept the higher rent.

Quote:
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I right in saying I've fulfilled my obligation by introducing a new tenant who is prepared to pay the existing rent level?
correct.

http://www.mieterverband.ch/zh_mb_vo..._auszug.0.html
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Old 19.12.2011, 15:52
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Re: Found nachmieter...landlord thinks he can put up the rent

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They may be taking over your apartment but the won't be taking over your contract AFAIK, just willing to take the apartment on the same basis as you. They will sign there own contact with the landlord with potentially new terms if needed, but that is down to them. Depending upon when the rent was last reviewed and if any work was done etc, the landlord would be within his rights to increase the rent I think, within reason of course. Unless he specifically told you (best in writing) that there would be no change to the rent for the next tenant, the rent you pay is a guide only. Did you confirm the new rental arrangement with the landlord before advertising the apartment? That not withstanding you have fulfilled your minimum obligation by providing a suitable tenant, the more the better though.
Thanks for your reply. Yes, I asked them whether there was anything they wanted to change before I started advertising.
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