Hello, I'm Jane and I've recently moved to Geneva. I've been lurking on the forum for the last few months and it's a great place for information and I've learnt so much about how to get on in Switzerland. I'll post a hello in the Introductions forum later today, but I wondered if anyone could help me with a problem I am having with my landlord/regie.

I rented an apartment in Geneva from August 1st for a year but decided it wasn't right for me and so I followed the instructions given on this site and others and gave written notice by registered post, advertised the apartment and found an acceptable tenant who was willing to take it from today and the regie phoned me yesterday and said that I would be doing the etat de lieu and handing back the keys today at 2pm and that she would refund the rent for the remainder of October.

This morning the regie called me and said that the new tenant had withdrawn her application because the landlord had decided to increase the rent, and that was the only reason for withdrawing the application. I've just had a blazing row with the regie and told her that I was discharged from today and that it was now the landlord's problem now to find a replacement as they had changed the terms of the lease.

The regie refused to accept this and wants me to pay until 15th November or until they have found someone else.

Am I right that I am discharged today? And if they refuse to accept this what do I do next?

Any advice appreciated.

Thanks
Jane

You are usually discharged from the end-month day you gave notice for. Some regies actually go through the hassle of pro-rating rent if handover happens during a month some don't.

The basic prescriptions say that the prospective tenant agrees to take on the contract at the same conditions you are subject to, so that the owner is not at a disadvantage.

If the prospective owner backs up, you are still liable for rent, however if he backs up because the rent is increased I suppose you wouldn't since that would look a bit like a leonine contract. But then Richard is the true expert in all things legalese so I'm curious what his opinion is.

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The opinions expressed above are not necessarily the opinions of management and in fact may be the opposite of that intended in order to confuse and obfuscate trolling readers.

I agree with SM. As far as I understand it, you need to find a new tenant who has agreed to take the apartment under the same conditions, if the rent (or other conditions) goes up then the tenant is released...

Jane

I would suggest that you contact ASLOCA immediately. Even if you are not a member, they should help for a small fee.

www.asloca.ch

Cheers
Nats

Thanks guys. I went to see ASLOCA this evening and they agree that the landlord should release me from today, because they had made it clear that I was released (they asked me to move out my stuff and sign the etat de lieu).

As it happens, when the technician for the apartment block came over, the etat de lieu had a hand written condition that I accepted that I was not discharged. I refused to sign, so he refused to take the keys. ASLOCA advised me to send by registered post the keys back to the regie otherwise I would not be treated as surrendering the lease. I did this immediately.

They also advised that if I'm not paid back the remainder of the month's rent then it may be worth pursuing the landlord as in my case the legal costs would be lower than the amount recovered. Worth noting that you can't recover your legal costs in this case as the procedure is deemed to be free and therefore you don't "need" a lawyer.

Also worth noting that that they can hold a rent guarantee for a year after which it must be returned, and in order to draw on the guarantee the landlord has to go through a formal legal procedure and you have the right to object.

Finally, the new tenant was in a quite vulnerable position as she was leaving her husband and trying to find accommodation quickly - the landlord took the opportunity to squeeze her for more money and she refused on principle. The regie was then abusive towards her and told her she would be blacklisted if she didn't take the lease. Really outrageous behaviour.

The good news is that I've got a copy of the new tenant's lease with today's date for moving in and the increased rent showing on it.

I want the rent monies owed to me back because they have been so difficult about it and I'll update this post when I have further news.

Good for you! Go get 'em!

I have to say, I'm surprised they are making such a fuss. The landlord and the regie know that it won't take long to rent the place. so why the fuss? lots of energy for nothing!

When we left our apartment they almost kissed us as they immediately increased the rent quite a bit as the apartment had been under the same contract for some years. Plus, it took less than a week to rent it out.

It sounds to me like they are trying to double-dip. They keep Marmot's money while charging the new tenant.

Just a quick update on the our situation - a strongly worded letter to the Regie has resulted in us being released from the lease as of the 15th October. They have agreed to pay us back two weeks rent for October. We also got the money back for the parking space for the whole month.

Thanks for the advice

Thanks for the update. I missed this thread first time round, so it's been interesting to catch up on it now. I am SO glad that you have "won" - it really sounds like the landlord was pulling a "fast one".