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Old 10.05.2012, 12:33
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Must find a tenant to replace us... what are the rules?

We will be moving sooner than we gave our 3 month notice, so our landlord has told us that we will be free from the lease if we can find a suitable tenant. HOWEVER, she has raised the rent 200chf/mo from what we currently pay,because she said it is a "cost of living adjustment." We've lived here 3 years. I fear that this will make it harder to find a tenant, because it is now considerably more expensive. Is this legal? My German is not good enough to understand everything on the Mieterverband. Does anyone have any wisdom on this topic?
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Old 10.05.2012, 12:55
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Re: Must find a tenant to replace us... what are the rules?

Two Steps.

Frist, get a written statement from you landlady that the new rent will be 200 CHF higher.

Second, say politely "Thank you!" and tell her about Art 264 M (German/French) Swiss code of obligations.

Quote:
M. Early return of the object

1 Where the tenant or lessee returns the object without observing the notice period or the deadline for termination, he is released from his obligations towards the landlord or lessor only if he proposes a new tenant or lessee who is acceptable to the landlord or lessor, solvent and willing to take on the lease or rental agreement under the same terms and conditions.
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Old 10.05.2012, 13:13
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Re: Must find a tenant to replace us... what are the rules?

as a LL, i would potentially be prepared to let you go earlier in exchange for getting in a new tenant at a higher rate. rents have gone up quite a bit in the last 3 years and there seems to be no shortage of people looking for somewhere to live.
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Old 10.05.2012, 14:35
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Re: Must find a tenant to replace us... what are the rules?

Thank you so much for this information. I'm new to EF and I am so so happy I have become a part of it. You are so helpful!

I had suspected there was such a law prohibiting the landlord to raise the rent from a renter who is trying to find replacement tenants to complete the lease before the notice period on the lease, but didn't know how to access it. Thank you for finding this for me!

NOW... when I find a suitable renter, I do not want to put them in a bad position. Once my lease ends (the one in theory that the new renters will overtake), what authority would the landlord have in increasing the rent thereafter? Are there restrictions on the time the landlord must wait and how much they can increase the rent? My landlord is wonderful and we have had absolutely no issues beforehand, but I do not want the new renters to have a bad surprise...
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Old 19.08.2013, 17:10
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Re: Must find a tenant to replace us... what are the rules?

Thanks for highlighting the sections and the 2 step process
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Old 19.08.2013, 20:05
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Re: Must find a tenant to replace us... what are the rules?

Quote:
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Thank you so much for this information. I'm new to EF and I am so so happy I have become a part of it. You are so helpful!

I had suspected there was such a law prohibiting the landlord to raise the rent from a renter who is trying to find replacement tenants to complete the lease before the notice period on the lease, but didn't know how to access it. Thank you for finding this for me!

NOW... when I find a suitable renter, I do not want to put them in a bad position. Once my lease ends (the one in theory that the new renters will overtake), what authority would the landlord have in increasing the rent thereafter? Are there restrictions on the time the landlord must wait and how much they can increase the rent? My landlord is wonderful and we have had absolutely no issues beforehand, but I do not want the new renters to have a bad surprise...
No, you're not getting it. If she wants to put the rent up then you have no obligation to find a new tenant. If the rent goes up, then the onus is on her to find a new tenant. Only if the terms and conditions are the same is it necessary for you to find a new tenant.
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Old 20.08.2013, 02:02
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Re: Must find a tenant to replace us... what are the rules?

Medea, are landlords usually such a pain? Thx., M
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Old 20.08.2013, 09:11
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Re: Must find a tenant to replace us... what are the rules?

Not the one agency/landlord I've ever dealt with. We got on quite well. And I think most are good. But you get bad ones here, same as you do anywhere else in the world. If you've got relatives over here and plan to move near to them, they may be able to give you an idea of who to avoid in their area.
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Old 20.08.2013, 13:27
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Re: Must find a tenant to replace us... what are the rules?

I reminded the landlord of the law which states that if the tenant finds a replacement tenant, it must be under the same contract. She accepted this and I went on to find tenant to take over our lease. My initial concern was that the new tenants would replace my lease for the final 3 months. After this lease expired, I was unsure if she had the ability to create a new lease at a higher rate once the tenant was already living there. It was no longer my problem, but I didn't feel right putting someone in a situation like that. In the end, she did not raise the rent for her and all ended well.
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Old 26.08.2013, 15:16
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Re: Must find a tenant to replace us... what are the rules?

If anyone reads Beobachter (it's German) then this exact subject was described in detail in the last magazine. Very helpful as I am very well mentally prepared now. We shall see what they try to hit me with in the next month. Also, as I have said many times before, all foreigners should pay the CHF50,- /year and join Mietverband.

I am going to have someone from this group to be there with me when I hand the apartment back. In this business I trust no-one and the weird thing is, no-one believes me until they get done over and so many of you will......

There is help out there and you should avail.

Last edited by Gwendy; 26.08.2013 at 15:16. Reason: forgot 3 words
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Old 28.08.2013, 21:46
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Re: Must find a tenant to replace us... what are the rules?

I recently had to rent out my apartment and while we didn't have the same rent increase as you there was no shortage of people to rent our apartment. I am sure you will find it the same so you should be ok. Hope it goes well for you!
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Old 28.08.2013, 21:48
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Re: Must find a tenant to replace us... what are the rules?

I couldn't agree more with you. All foreigners should join Mietverband, especially when they don't speak German. My (French) friends left their apartment after 4 years. During the tenancy, they had a great relationship with their agency. And when they decided to move, suddenly, the agency started to ask for lots of unreasonable stuff (extra rent, extra charges to be paid). They were dreading the final house inspection. Someone from Mietverband went with them and they got the entire deposit back minus 130 Sfr. 4 years, a dog and many parties after, this is really good... I am moving out soon and will ask also for their help. Will keep you posted.
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