Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 21.09.2012, 13:49
Newbie
 
Join Date: Apr 2011
Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
martlus_dane has no particular reputation at present
Option to cancel a signed contract within 14 days

Hello everybody, I have got myself into the situation where me and my partner have signed two separate apartment rental contracts.

Now I acknowledge this is not exactly smart but perharps anybody knows whether there is a "second thought" right to get out from one of the contracts within 14 days?

I was told by some one that there is such posibility but which entails that we will certainly need to pay at least a month rent plus some fees.

Is it really the case? Had anyone had/heard of such a case?

Thanks!!

We live in Zürich

Last edited by jrspet; 21.09.2012 at 14:03.
Reply With Quote
  #2  
Old 21.09.2012, 14:05
jrspet's Avatar
Forum Legend
 
Join Date: Jul 2007
Location: Quaint Wädenswil, Zürich, CH
Posts: 8,131
Groaned at 27 Times in 20 Posts
Thanked 7,036 Times in 3,912 Posts
jrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond repute
Re: Option to cancel a signed contract within 14 days

Rush over to the Mieterverband Zürich ( Renters Association ) and seek advice.

http://www.mieterverband.ch/zh_top.0.html

Membership is even better, for about CHF100 a year.
Reply With Quote
  #3  
Old 21.09.2012, 15:10
NokturnL's Avatar
Member
 
Join Date: Sep 2010
Location: Cham
Posts: 112
Groaned at 2 Times in 2 Posts
Thanked 69 Times in 49 Posts
NokturnL has no particular reputation at present
Re: Option to cancel a signed contract within 14 days

Quote:
View Post
Hello everybody, I have got myself into the situation where me and my partner have signed two separate apartment rental contracts.

Now I acknowledge this is not exactly smart but perharps anybody knows whether there is a "second thought" right to get out from one of the contracts within 14 days?

I was told by some one that there is such posibility but which entails that we will certainly need to pay at least a month rent plus some fees.

Is it really the case? Had anyone had/heard of such a case?

Thanks!!

We live in Zürich
I believe this is the "shock clause" and i think it's valid for just about any contract, however I'd suggest real legal counsel rather than speculation from forum users...
Reply With Quote
This user would like to thank NokturnL for this useful post:
  #4  
Old 21.09.2012, 21:24
Newbie 1st class
 
Join Date: Jul 2012
Location: Lausanne
Posts: 12
Groaned at 0 Times in 0 Posts
Thanked 5 Times in 2 Posts
hubertp has no particular reputation at present
Re: Option to cancel a signed contract within 14 days

Depends on the contract and who are you dealing with.

I recently had a similar situation where the guy took the flat but got something better after a couple of days. The owner called me as I was second on the list list and said that I can move in after one month.
Since the guy didn't want to pay for the whole month he said he will find some else quicker. In the end he didn't want to risk and we agreed to move in 2 weeks earlier. But legally he would be allowed to propose someone for him.

If you are dealing with the agency they might not be so nice.
Reply With Quote
  #5  
Old 21.09.2012, 22:45
Forum Veteran
 
Join Date: Nov 2010
Location: Zug
Posts: 693
Groaned at 25 Times in 21 Posts
Thanked 781 Times in 358 Posts
xkcd has a reputation beyond reputexkcd has a reputation beyond reputexkcd has a reputation beyond reputexkcd has a reputation beyond repute
Re: Option to cancel a signed contract within 14 days

Quote:
View Post
I believe this is the "shock clause" and i think it's valid for just about any contract,
There is no such thing in Swiss law.

Within the European Union there is a right to cancel certain types of contracts provided they have been concluded remotely (internet, phone, fax - you name it).
As a Swiss resident you may benefit from such right when ordering from a website located in the EU.
Reply With Quote
The following 2 users would like to thank xkcd for this useful post:
  #6  
Old 26.09.2012, 17:35
Newbie
 
Join Date: Apr 2011
Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
martlus_dane has no particular reputation at present
Re: Option to cancel a signed contract within 14 days

Thank you guys, I have now signed up for an appointment with the legal experts from MietVerband.

Thanks. Jrspet.
Reply With Quote
  #7  
Old 26.09.2012, 17:37
Newbie
 
Join Date: Apr 2011
Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
martlus_dane has no particular reputation at present
Re: Option to cancel a signed contract within 14 days

Hubertp, did the guy sign the contract and then after called in saying he found something better?

Thats my case

Quote:
View Post
Depends on the contract and who are you dealing with.

I recently had a similar situation where the guy took the flat but got something better after a couple of days. The owner called me as I was second on the list list and said that I can move in after one month.
Since the guy didn't want to pay for the whole month he said he will find some else quicker. In the end he didn't want to risk and we agreed to move in 2 weeks earlier. But legally he would be allowed to propose someone for him.

If you are dealing with the agency they might not be so nice.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Cancel a contract just signed arwenika Housing in general 4 24.10.2011 14:21
Can I cancel a lease (mietvertrag) signed 2 days ago, no money exchanged yet? whitecat74 Housing in general 10 25.07.2011 15:00
Visa within 14 days of arrival? Guest Permits/visas/government 2 10.03.2011 20:55
Applying for residence permit .. within 14 days? lac Permits/visas/government 4 02.05.2010 21:51
not signed contract- bound to job? d-g- Employment 10 25.03.2010 18:05


All times are GMT +2. The time now is 06:13.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0