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Old 02.07.2012, 09:47
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Landlord terminate rental contract because selling the apartment.

Sorry if this has already been posted but I can't find anything on the topic.

In Kanton Zurich, can a landlord terminate an indefinite residential apartment lease (as opposed to a fixed term contract), based on the reason that the apartment needs to be sold. Assume that all the terms of notice and minimal duration of the contract are honored within the termination notice.

Can such a termination be contested by the tenant, as is the case if the termination is based on requiring the apartment for personal use.
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Old 02.07.2012, 11:14
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Re: Landlord terminate rental contract because selling the apartment.

Hi Donald

Provided the terms of notice and minimum duration of contract are honored in the termination notice as you claim, the landlord is free to terminate such contract for whatever reason. In fact, the landlord does not state the reason for termination - but has to disclose it in case the tenant asks.

The landlord must adhere to following:
A) issue termination notice on official form of relevant canton (the link to this can be found on the forum in one of the recent queries)
B) issue termination to all relevant parties - ie if contact was signed by both wife/husband, separate termination must be sent to each
C) ensure the termination reaches the tenants before the beginning of the termination period. Preferably send per registered mail.

Generally, The termination is regulated by Swiss civil code of conduct, starting at article 266.

As for the personal use, this can only be contested if the reason has been used for *extraordinary* contract termination - that is for termination outside of terms of notice. The code of conduct allows such termination should actual urgent actual need of the landlord arise (I expect this is then evaluated by court if contested by tenant) and gives the landlord possibility to terminate sooner but only at the given cantonal termination dates - which would be end of March and end of September respectively for canton Zurich.

I hope this helps :-)
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Old 21.07.2012, 20:45
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Re: Landlord terminate rental contract because selling the apartment.

Bump.

With regards to the fixed term leases - I see an apartment that is listed both for lease and for purchase. Assuming I am taking a one year lease, what would be my rights in case the apartment also gets sold "under me?"

I understand it depends on the contract details, but I just want to understand what a typical practice is like. In my neck of the woods, the purchaser is obligated to honor the lease, but she has a right not to extend it. Does anyone know what it is like in Vaud?

Thanks
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Old 21.07.2012, 20:51
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Re: Landlord terminate rental contract because selling the apartment.

http://www.ch.ch/private/00029/02412...x.html?lang=en

Landlords must notify the tenants of termination using a form authorised by the canton. The legally or contractually agreed periods of notice and due dates must be complied with. The period of notice for apartments is at least three months.

Tenants are entitled to be notified of the reason for the termination.

Notices of termination not made in good faith (such as notice of termination because the landlord is exercising his landlord's right, or on account of the tenants' changed family circumstances) may be contested before the conciliation boards.

The official form for termination explains how the tenants should proceed when disputing a termination.

For terminations constituting hardship for the tenants (financial or family difficulties, housing shortage), an extension of the term of the tenancy may be applied for at the conciliation board.

Also worth reading in DE:

http://www.beobachter.ch/wohnen/miet...koffer-packen/
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Old 21.07.2012, 21:00
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Re: Landlord terminate rental contract because selling the apartment.

Ok, I see. Thanks, jrspet.
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Old 21.07.2012, 21:07
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Re: Landlord terminate rental contract because selling the apartment.

Once you are here in VD, I suggest as a precaution to investigate if it will be worth it for you to cough up a few CHFs for a membership to Asloca.

http://www.asloca.ch/asloca-vaud
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