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Old 01.06.2013, 13:02
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Terminating a room sub-renting contract

Dear all,

i sub-rented a room in a flat with signed a contract with 3 months cancellation policy.

After 1 week i realised that I can't stay in the room since i have an allergie problem.

The main tenant (of the entire flat) doesn't want me to leave and requires 3 months rent, but i can't sleep or stay there.

I found a person that is willing to sub-rent the room but the main tenant doesn't agree and is making things very complicated.

What are my rights? Since i found somebody else to sub-rent the room but the main tenant doesn't accept this, am i still bound by my contract?

Thanks for your replies
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Old 01.06.2013, 13:39
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Re: Terminating a room sub-renting contract

It depends on what your sub-let contracts says about it. Normally if you find someone to take over the lease you've done what the law requires regardless of whether the other party accepts that person. Whether that would apply in a sub-let contract as well, depends on what's written into it. You could try joining and asking the local tenants' association, they might be able to help you then.
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Old 01.06.2013, 16:13
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Re: Terminating a room sub-renting contract

Hi Medea,

the contract says nothing special, its just 2 pages in english describing the flat, the size of the room, and stating that cancellation period is 3 months.

I read somewhere on the internet that if i find somebody else willing to rent the room (which i did) the main tenant can still take 1 month to decide if he/she is ok with the new person, but i don't know if its true.

Where can i read exactly what the law says about these matters?

Thanks!
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Old 01.06.2013, 16:33
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Re: Terminating a room sub-renting contract

https://www.ch.ch/en/terminating-rental-agreement/

You could try contacting them or your local tenants' association to see what they can advise.

But if there's nothing in the contract mentioning this and no reference to the general cantonal terms and conditions which might include it, I don't know if you'd have any choice except to pay the 3 months.

The tenants' association is probably the best place to go. You might have to join up, but if you're not moving too far away it could be a good investment for the future too.
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Old 01.06.2013, 20:33
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Re: Terminating a room sub-renting contract

You may want to check if the main tenant really did the sublet in a kosher way, with the correct permission...e.g. - the landlord knows and have consented. Otherwise, perhaps the contract he has with you may not be enforceable and he may want to consider your alternative.

Another option would negotiate between 0 and 3 months, with a solution that both party can live with and it's not all or nothing.

If you really have bad allegories, perhaps a doctors certification may help. See if your insurance can cover this if you have a certification.

Good luck.
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Old 01.06.2013, 21:37
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Re: Terminating a room sub-renting contract

On a sub rent, especially a flat share, the rules are different, no obligation to accept a proposed replacement. You signed, you pay.
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Old 01.06.2013, 22:22
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Re: Terminating a room sub-renting contract

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On a sub rent, especially a flat share, the rules are different, no obligation to accept a proposed replacement. You signed, you pay.
I doubt that would stand up in Court, especially as compromise / mediation is the name of the game here.
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Old 01.06.2013, 22:31
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Re: Terminating a room sub-renting contract

You might be able to use Force Majeure. The contract has been frustrated due to your medical condition, something that is entirely outside of your control.
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Old 02.06.2013, 06:59
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Re: Terminating a room sub-renting contract

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You might be able to use Force Majeure. The contract has been frustrated due to your medical condition, something that is entirely outside of your control.
If it was a known pre-exisitng condition then difficult to clain FM, but if it was brought on because of the appartement, then plain sailing...
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Old 02.06.2013, 07:03
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Re: Terminating a room sub-renting contract

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I doubt that would stand up in Court, especially as compromise / mediation is the name of the game here.

With a flat share, you can hardly expect the lead tennant to accept anybody; he shares his flat with somebody he thinks he can live with in a confined space, you cannot expect him to accept anybody that is presented to him. It's not quite the same as renting out an empty appartement
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Old 02.06.2013, 07:11
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Re: Terminating a room sub-renting contract

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If it was a known pre-exisitng condition then difficult to clain FM, but if it was brought on because of the appartement, then plain sailing...
I presume that the poster wasn't aware, that the apartment was full of allergens. I guess he'd have to show that he couldn't have been aware before moving in.

Of course, I am not a lawyer, so this is entirely uninformed opinion - you need to seek real legal advice.
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Old 02.06.2013, 09:44
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Re: Terminating a room sub-renting contract

Quote:
With a flat share, you can hardly expect the lead tennant to accept anybody; he shares his flat with somebody he thinks he can live with in a confined space, you cannot expect him to accept anybody that is presented to him. It's not quite the same as renting out an empty appartement
They don't have to accept anybody, however that should free the OP of his obligations. It's exactly the same with an apartment, if the agency turn down ONE person who is able & willing your off the hook.
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