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Old 26.09.2013, 13:57
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Tenancy Agreement Termination - Notice Period

Hi all,

I have found somewhere else to live and move in 3 weeks' time.

In my current contract, it says it can be terminated with one month's notice.

Therefore, I figure I need to only pay for 4 weeks, until 23rd September.

However, my landlord is demanding that I pay for the whole of October, saying that Swiss law dictates that I have to do this. He says it goes without saying, which is why he didn't put it on the contract.

He is refusing to budge. I have brought up the contract, etc, but he won't budge on this!

I don't know what my rights are here. Any advice gratefully received.

Also, this is my third post on here about this awful man, and I am considering posting a warning ad against him. Unethical?

Thank you all in advance.
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Old 26.09.2013, 14:01
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Re: Tenancy Agreement Termination - Notice Period

What does the contract say exactly? Post the French here if you need to.

A fairly standard way of wording these is that you can cancel "with one month's notice at the end of any month". If this is what you've got, then the landlord's right. (If so, bear in mind that your notice of cancellation has to be delivered (email is not good enough, send a registered letter) by the end of September. Miss it by even a day and you'll find yourself paying for another full month!)
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Old 26.09.2013, 14:04
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Re: Tenancy Agreement Termination - Notice Period

Hi,

The contract says Résiliation avertir 1 mois à l’avance.

So while it's not specified, I'm wondering whether she's right in that because it isn't specified, it comes under Swiss law which according to her means end of each month.
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Old 26.09.2013, 14:14
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Re: Tenancy Agreement Termination - Notice Period

9.9999999 times out of 10 everything is defaulted to end of month from employment contracts to houses and flats. Unless stated otherwise that will apply to you too.
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Old 26.09.2013, 14:20
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Re: Tenancy Agreement Termination - Notice Period

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Hi,

The contract says Résiliation avertir 1 mois à l’avance.

So while it's not specified, I'm wondering whether she's right in that because it isn't specified, it comes under Swiss law which according to her means end of each month.
He or she? I'm confused. Anyway, doesn't matter.

OK, the dates and the length of notice period you have to give before those dates are often listed as two separate items. Sorry I can't tell you what terms to look for in French (in German they would be Kündigungstermine and Kündigungsfrist) but read through the whole thing to make sure it is not there.

If it's not specified in the contract, then each town/village defines its own set of standard dates and you have to abide by these. Normally (i.e. unless otherwise agreed in your rental contract) the dates which apply to you will be those in the town where the property is located. In some places the standard dates are at the end of every month, in others there may be only two or three dates per year.
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Old 26.09.2013, 14:41
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Re: Tenancy Agreement Termination - Notice Period

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Hi all,

I have found somewhere else to live and move in 3 weeks' time.

In my current contract, it says it can be terminated with one month's notice.

Therefore, I figure I need to only pay for 4 weeks, until 23rd September.
...
Also, this is my third post on here about this awful man, and I am considering posting a warning ad against him. Unethical?
If you've found a place and you move in in 3 weeks, doesnt that mean you're living in your old place right now? And since you'll be living in your old place for three more weeks, why wouldnt you pay rent for these three weeks? why wouldnt you pay after 23rd September (aka last Monday) ?

I think, in your case, you will have to pay double rent for a month (October), but this isnt unusual here. Use the extra month to clean your old place so thoroughly that a cranky army sargeant would be brought to tears.

Incidentally the '4 weeks notice' means after the current rent cycle (ie, at the end of the month). So, if you give notice today (and the agency gets your registered letter tomorrow), the current rent cycle (September) ends next Monday, and that is where the 4 weeks notice begin. Thus, your notice ends at the end of october, and so you have to pay rent for October.
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Old 26.09.2013, 14:45
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Re: Tenancy Agreement Termination - Notice Period

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why wouldnt you pay after 23rd September (aka last Monday) ?
Oh balls, my bad.
I meant 23rd October as that is a month from when I gave him the month's notice
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Old 26.09.2013, 14:46
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Re: Tenancy Agreement Termination - Notice Period

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Hi all,

I have found somewhere else to live and move in 3 weeks' time.

In my current contract, it says it can be terminated with one month's notice.

Therefore, I figure I need to only pay for 4 weeks, until 23rd September.
Perhaps it means the notice period is one calendar month, rather than a rolling month? In which case it would mean you having to stay for the extra month (October) as you only gave notice during September?

Most stuff runs from calendar month to calendar month here in my experience.
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Old 26.09.2013, 15:05
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Re: Tenancy Agreement Termination - Notice Period

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Oh balls, my bad.
I meant 23rd October as that is a month from when I gave him the month's notice
That's what I thought you meant.

If you've already given notice ie before the end of September which I guess you have then you have to pay the rent until the end of October. Given that you're only leaving in three weeks time it's only one week extra in any case and based on your previous posts about this landlord I think an extra weeks rent is a small price to pay to get out of there.

Consider yourself lucky to have found another place so quickly and chalk this one up to experience.

As Sandgrounder has said the notice period is a calendar month so even if you gave notice on September 3 rd for example you would have to pay until October 31st.
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Old 26.09.2013, 15:07
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Re: Tenancy Agreement Termination - Notice Period

You're quite right, I'm certainly considering myself lucky.

I'll consider the extra week's pay to her as a present to myself for managing not to shout at her
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Old 26.09.2013, 15:15
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Re: Tenancy Agreement Termination - Notice Period

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You're quite right, I'm certainly considering myself lucky.

I'll consider the extra week's pay to her as a present to myself for managing not to shout at her
I am a little bit confused here now. I thought the landlord you had problems with in this thread Landlord doesn't want paperwork - tax reasons? was a man but now you're referring to a woman.
Is it the same one or do you have a different landlady now?
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Old 26.09.2013, 15:37
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Re: Tenancy Agreement Termination - Notice Period

I assume the OP must have been concealing the landlord's gender (either in this thread or the earlier one) to preserve the anonymity of his/her own situation. I know I have done that in some of my posts on here.
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Old 26.09.2013, 15:45
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Re: Tenancy Agreement Termination - Notice Period

Cover blown. It's a woman. I suppose I didn't want to be detected on t'internets. Wouldn't be fair if I didn't at least try to be anonymous.
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Old 26.09.2013, 15:51
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Re: Tenancy Agreement Termination - Notice Period

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Cover blown. It's a woman. I suppose I didn't want to be detected on t'internets. Wouldn't be fair if I didn't at least try to be anonymous.
That's fair enough, I've done the same myself and we've probably all asked for advise for a 'friend' from time to time.

If you don't want your cover to be blown in future you just have to they to remember what you've said before.
It wouldn't have been so obvious if you hadn't hinted about your other thread in your first post but changing the gender of the person halfway through the thread was the real giveaway.
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Old 26.09.2013, 15:55
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Re: Tenancy Agreement Termination - Notice Period

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It wouldn't have been so obvious if you hadn't hinted about your other thread in your first post but changing the gender of the person halfway through the thread was the real giveaway.
very true. Which brings me to my next point: do I put a warning on the forum with her name? She was asking me to evade the authorities so that they wouldn't know she had a tenant..

Or is that just inviting trouble? I don't want someone else to have to put up with that.
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Old 26.09.2013, 16:01
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Re: Tenancy Agreement Termination - Notice Period

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very true. Which brings me to my next point: do I put a warning on the forum with her name? She was asking me to evade the authorities so that they wouldn't know she had a tenant..

Or is that just inviting trouble? I don't want someone else to have to put up with that.
Once you've got your feet free of her, inform the local authorities yourself. Tell them you moved out because of her shady practices and felt duty bound to report her for the sake of future tenants.
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Old 26.09.2013, 16:03
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Re: Tenancy Agreement Termination - Notice Period

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9.9999999 times out of 10 everything is defaulted to end of month from employment contracts to houses and flats. Unless stated otherwise that will apply to you too.
Exactly. And if ever in doubt, look to your rental period. If you pay rent on the first of the month, then it's all the more reason that your notice must be given by the last day of the month. Try to look at it from the perspective of a landlord. If the normal rental period runs from the 1st as it does for most people, it would be awfully hard to rent out a flat from a random date in the middle of the month simply because you chose that for your notice period.
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Old 26.09.2013, 16:12
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Re: Tenancy Agreement Termination - Notice Period

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Once you've got your feet free of her, inform the local authorities yourself. Tell them you moved out because of her shady practices and felt duty bound to report her for the sake of future tenants.
What she said.
I really don't think it would be a good idea to name this person on an Internet forum.
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Old 26.09.2013, 16:28
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Re: Tenancy Agreement Termination - Notice Period

Good points and good plan. It's pretty tacky to do the name and shame thing I suppose.
I love this forum, you're all incredibly helpful. Thank you.
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Old 30.09.2013, 17:05
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Re: Tenancy Agreement Termination - Notice Period

We are talking about a furnished room?

If it is NOT a furnished room than the minimum termination period per law would be 3 Months. http://www.admin.ch/ch/e/rs/220/a266c.html
and http://www.admin.ch/ch/e/rs/220/a266a.html
In this case be happy that you can leave so early.


If it is a furnished room than the minimum period is two-weeks to the end of a one month rental period. http://www.admin.ch/ch/e/rs/220/a266e.html

To determine the start and end of a rental period you have to look when your contract orignaly started. If it started between 24rd and 31st day of a month you could leave on the previous day. If it started on the 1st day of a month your landlady is right. If it started on the 2nd to 23nd day of a month be happy that your landlady let you go earlier.
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