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Old 07.10.2013, 11:42
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Nachmieter buying furniture

Hello,

I'm planning to leave my flat and submit one or more candidates to the leasing agent to take over the lease.

I'm also planning to have the future tenant purchase some items of furniture - i.e. built in cupboards that I myself bought from the previous tenant when moving in.

My question is - how does one ensure that the next tenant actually follows through with the agreement to purchase the furniture? Is there some kind of contract/agreement or should one just trust that they will do so? (assumming that the next tenant is a complete stranger...)

Thanks,

Dan
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Old 07.10.2013, 11:56
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Re: Nachmieter buying furniture

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Hello,

I'm planning to leave my flat and submit one or more candidates to the leasing agent to take over the lease.

I'm also planning to have the future tenant purchase some items of furniture - i.e. built in cupboards that I myself bought from the previous tenant when moving in.

My question is - how does one ensure that the next tenant actually follows through with the agreement to purchase the furniture? Is there some kind of contract/agreement or should one just trust that they will do so? (assumming that the next tenant is a complete stranger...)

Thanks,

Dan
As far as I know, this is completely illegal...... yet ridiculously common (as there are no consequences).


Basically, no, you can't "contract" someone to buy your stuff in a lease change over, so I would suggest you sort this out before the contract is signed.

What were the conditions when you bought the previous tenants built in cupboards?
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Old 07.10.2013, 13:34
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Re: Nachmieter buying furniture

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As far as I know, this is completely illegal...... yet ridiculously common (as there are no consequences).


Basically, no, you can't "contract" someone to buy your stuff in a lease change over, so I would suggest you sort this out before the contract is signed.

What were the conditions when you bought the previous tenants built in cupboards?
I doubt any law exists that prevents this, the op does not have to pass any names to the landlord if he does not want.
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Old 08.10.2013, 11:43
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Re: Nachmieter buying furniture

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I doubt any law exists that prevents this, the op does not have to pass any names to the landlord if he does not want.
I may clear your doubts. It is not allowed.
Art. 254 Swiss Code of Obligations.
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B. Tie-in transactions
A tie-in transaction linked to a lease of residential or commercial premises is void where the conclusion or continuation of the lease is made conditional on such transaction and, under its terms, the tenant assumes an obligation towards the landlord or a third party which is not directly connected with the use of the leased premises.
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Old 08.10.2013, 12:12
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Re: Nachmieter buying furniture

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I may clear your doubts. It is not allowed.
Art. 254 Swiss Code of Obligations.
All that means is that neither the tenant nor the landlord can make purchase of the cupboards a condition of taking on the lease. There's no reason the OP can't offer to sell the cupboards to the new tenant under a separate, private agreement. Of course, there's no obligation on the new tenant to buy the cupboards.

Also the only issue here is that the OP seems to want money for the cupboards. There's no reason you can't leave them in the apartment FOC for the new tenant to take over or dispose of as they wish. In my old apartment, I took over some lights and a fitted window blind from the previous tenant because they "belonged" to the flat although noted on the Protokoll as being the property of the tenant(s). When I left, I would have been entitled to take them with me, but I left them behind because I had no use for them elsewhere.
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Old 08.10.2013, 12:32
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Re: Nachmieter buying furniture

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Of course, there's no obligation on the new tenant to buy the cupboards.
No, there's no "obligation", but your chances of being the successful applicant become remote when another applicant IS willing to buy the furniture.

If I was selling furniture and had 5 applications for a handover, and 3 were willing to buy my belongings, you can bet your bottom dollar that I'd only had those 3 applications in.

You can't force people to buy your stuff by binding a condition to a contract, but you can favour one potential applicant over another by thinning out the applicants who won't buy.


Equally, an applicant can agree to take your stuff, be successful with the change over....... and THEN reject your sale offer.
They have the apartment now so why would they agree to still buy your stuff?
They can shaft you yes, but they didn't break the law. This is why I suggested the OP to sort out the sale agreement somehow before the submission of the application.
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Old 09.10.2013, 00:16
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Re: Nachmieter buying furniture

I have quite a bit of experience with this and it is almost always very messy.

When you don't want money for an item, and it is built in, and professionally installed, the landlord will in many cases refuse to let you leave it. It doesn't make sense. I have had exceptions to this when there was no new tenant but the cost to remove the items and restore things to the original state was costly and I convinced the landlord they were improvements and a real bonus.

If there is a new tenant who wants the items, you still need the landlord to agree, but the financial arrangements are between you and the new tenant. The landlord will not get involved. Trying to influence the landlord's decision based on who wants the items may backfire so keep quiet until you know who the next tenant will be.

Some items can interfere with a thorough cleaning and inspection and this is one reason the landlord may object. It is the new tenant who must agree to assume the items and possibly need to remove them when they move out.

I hope you will find a good solution.
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