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Old 30.12.2013, 01:41
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Early departure from the apartment

For personal reasons, I'm leaving Switzerland urgently and appropriately early check out of the apartment. I rent an apartment not at the agency (a private person). The contract does not have provision for early departure (no penalty). The owner of apartment requires pay him an amount per stay (months which I will not live there), I naturally do not want to do that, since the contract was not specified. The owner of apartment threatens to make me trouble with the law. Can he do something, given that I am acting in accordance with the contract?
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Old 30.12.2013, 02:22
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Re: Early departure from the apartment

I don't understand. You say that you're leaving early, that would imply that there is a date or notice period in your contract.

There is no penalty involved, just payment to the end of the contract.

If you find someone suitable to take over the lease, then you won't be liable for the period after the new renter takes over.

There are several threads on the subject, you can use the search box at the top right corner. There is lots of advice for various circumstances, but the basic points will be as above.

Last edited by mirfield; 30.12.2013 at 02:43. Reason: Clarified nachmieter bit
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Old 30.12.2013, 02:37
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Re: Early departure from the apartment

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The owner of apartment requires pay him an amount per stay (months which I will not live there)
Could you put this in different words? It does not make any sense (to me anyways) like that.
What is an 'amount per stay'?
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Old 30.12.2013, 02:46
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Re: Early departure from the apartment

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Could you put this in different words? It does not make any sense (to me anyways) like that.
What is an 'amount per stay'?
I mean ,the owner of the apartment requires to pay for all months, including those that I will not live in the apartment.
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Old 30.12.2013, 03:03
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Re: Early departure from the apartment

all months like what? like forever?

I'm afraid you need to be more specific about the contract.

Do you have a contract like
"from 11.11.2011 to 11.11.2015"
or
"from 11.11.2011 undetermined" with 3 months quit period?
or what IS in the contract exactly?

If he has a 3 months advance notice, and you signed it - well...
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Old 30.12.2013, 03:24
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Re: Early departure from the apartment

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all months like what? like forever?

I'm afraid you need to be more specific about the contract.

Do you have a contract like
"from 11.11.2011 to 11.11.2015"
or
"from 11.11.2011 undetermined" with 3 months quit period?
or what IS in the contract exactly?

If he has a 3 months advance notice, and you signed it - well...


I have a contract like "from 11.11.2011 to 11.11.2015" . But contract only I have. Owner of the apartment wanted photocopied copy for yourself, but kept forgetting. And I gave the contract (the original) in the OCP , can the owner of apartment ask OCP to give him a copy of the contract?
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Old 30.12.2013, 11:01
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Re: Early departure from the apartment

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I have a contract like "from 11.11.2011 to 11.11.2015" . But contract only I have. Owner of the apartment wanted photocopied copy for yourself, but kept forgetting. And I gave the contract (the original) in the OCP , can the owner of apartment ask OCP to give him a copy of the contract?
So your liable for the rent till 11.11.2015, what is so difficult to understand?
If you can find someone else to take over the apartment that would be fine.
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Old 30.12.2013, 11:24
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Re: Early departure from the apartment

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I have a contract like "from 11.11.2011 to 11.11.2015" . But contract only I have. Owner of the apartment wanted photocopied copy for yourself, but kept forgetting. And I gave the contract (the original) in the OCP , can the owner of apartment ask OCP to give him a copy of the contract?
As it's been said before, you will have to find someone else to take over the contract. You will have to keep paying until then, and that's about all there is to it.


On a separate note, I think a 4 year contract is a stupid and ballsy move by the landlord (for exactly the situation he is in now).
You could (but wouldn't recommend it) keep the contract open but not pay any rent.
He couldn't put someone else into the flat to pay rent due to the same contract.
Yes, shit would go legal, but it's never worth the hastle.

If the landlord is reasonable* he will expect you to keep paying until there is another tennant.
He should perhaps rethink such long term contracts with 'unknown' tenants and renew the new tenant with a shorter 'provisional' length contract.
You are leaving Switzerland so it's going to be a lot of hastle for him to chase down a non-paying tenant.


*sadly, this is not always the case.
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Old 30.12.2013, 14:42
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Re: Early departure from the apartment

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So your liable for the rent till 11.11.2015, what is so difficult to understand?
If you can find someone else to take over the apartment that would be fine.
Because I have not time, I have only 5-6 days before leaving .I try, but I am not sure that it will be successful .
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Old 30.12.2013, 15:04
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Re: Early departure from the apartment

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Because I have not time, I have only 5-6 days before leaving .I try, but I am not sure that it will be successful .
From what I see here, IMO you'll be liable for payment until the end of the contract on 11.11.15 unless you find a suitable tenant (and your landlord accepts him) who will accept your contract under its current terms within those 5-6 days. If your landlord doesn't accept the tenant (and I don't think I would if I were a landlord, because I would want at least 2 weeks time to consider prospective tenants; Homegate http://www.homegate.ch/mieten/ratgeb...abe/nachmieter also mentions that the landlord is to be granted an examination period - 2-4 weeks depending on how professional the landlord/letting agency is), you'll have to suck it up and pay until your contract ends.

Just my $0.02 but you signed a contract and contracts normally cannot be altered unless all involved parties consent.

Last edited by glowjupiter; 30.12.2013 at 16:41. Reason: Clarification
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Old 30.12.2013, 15:20
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Re: Early departure from the apartment

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Because I have not time, I have only 5-6 days before leaving .I try, but I am not sure that it will be successful .
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From what I see here, IMO you'll be liable for payment until the end of the contract on 11.11.15 unless you find a suitable tenant (and your landlord accepts him).
In addition to glowjupiter's post:
I assume you are you aware of the internet?

Glowjupiter is pretty spot on. You can't just simply find 'a' replacement, but the Landlord will have to approve the new applicant.

I would get onto www.homegate.ch pronto and place an ad..... as in NOW !!!

At least applications can continue to come in even when you're gone.
You should find a suitable replacement before too long.

I would perhaps discuss with the landlord about the length of the contract and see how flexible they are to accept a new tenant under a new lease length.
..... You can provide yourself as a perfect example of 'screening' a tenant first on a short contract before renewing them again for a longer period.
Demonstrate that it is to his benefit and he may just think that it's his idea.

In the mean time, it might also pay to pop over to this section of the forum and post an advertisement there as well.



From whatever angle you want to look at this, you signed a contract, and this is legally binding. You can't escape it.
In hindsight (which doesn't help) I wouldn't recommend you ever sign such a long contract again, and avoid anyone who insists that you should. You can always renew and lengthen an existing contract, but it's harder to to squirm out of one once they've got you by the short and curlies.


You need to find as many applicants as possible and hammer the landlord with them.
Once you have shown quite a few and the landlord still knocks them back, present the applicant details to the meiterverband and they could demonstrate that he is not reasonable and you have a good chance of withdrawing from the contract...... but see what the meiterverband has to say about this first.
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Old 30.12.2013, 16:19
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Re: Early departure from the apartment

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You can't just simply find 'a' replacement, but the Landlord will have to approve the new applicant.
I thought they just had to be a "suitable" replacement (whatever that means) and that a landlord couldn't refuse just out of spite if you found the perfect person.

Whatever you do, it'll pay you to be nice to your landlord. Your fate very much lies in his hands. He can choose to cut you some slack and help you get a new tenant, or he can hold you to every last comma in the contract (including have you pay for services and cleaning up a couple of years of dust and window grime, if you decide to go that far).
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Old 30.12.2013, 16:21
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Re: Early departure from the apartment

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From what I see here, IMO you'll be liable for payment until the end of the contract on 11.11.15 unless you find a suitable tenant (and your landlord accepts him) who will accept your contract under its current terms within those 5-6 days. If your landlord doesn't accept the tenant (and I don't think I would if I were a landlord, because I would want at least 2 weeks time to consider prospective tenants), you'll have to suck it up and pay until your contract ends.

Just my $0.02 but you signed a contract and contracts normally cannot be altered unless all involved parties consent.
You have to find 1 suitable replacement who can afford the rent. You don't have to give the landlord any time to accept, if the landlord does not accept your tenant, thats fine too as you can get out of the contract due to 'fair' Swiss law.
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Old 30.12.2013, 16:31
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Re: Early departure from the apartment

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You have to find 1 suitable replacement who can afford the rent. You don't have to give the landlord any time to accept, if the landlord does not accept your tenant, thats fine too as you can get out of the contract due to 'fair' Swiss law.
The landlord has to accept the tenant. "suitable" does not mean that only the present tenant finds said person suitable, the landlord has to as well. I don't think OP has any chance of getting out of the contract anyway since it is simply too late.
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Old 30.12.2013, 16:33
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Re: Early departure from the apartment

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I thought they just had to be a "suitable" replacement (whatever that means) and that a landlord couldn't refuse just out of spite if you found the perfect person.
That's actually what I meant.... however I will concede that you stated it clearer and better than I did.

If you read the last paragraph, I meant to imply that you need to collect enough 'suitable' applicants to present to the meiterverband to demonstrate that it is not your fault that the position has not been filled and that the landlord has impaired your efforts to fulfill your obligation.

Granted, you can't can't just expect the landlord to accept 100 applications from the "Hells Angels" to set up a new headquarters.


Yes..... "suitable" is the key word here. I stand corrected.
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Old 30.12.2013, 16:38
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Re: Early departure from the apartment

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That's actually what I meant.... however I will concede that you stated it clearer and better than I did.

If you read the last paragraph, I meant to imply that you need to collect enough 'suitable' applicants to present to the meiterverband to demonstrate that it is not your fault that the position has not been filled and that the landlord has impaired your efforts to fulfill your obligation.

Granted, you can't can't just expect the landlord to accept 100 applications from the "Hells Angels" to set up a new headquarters.


Yes..... "suitable" is the key word here. I stand corrected.
Suitable: Homegate (http://www.homegate.ch/mieten/ratgeb...abe/nachmieter) says more on the subject and it also mentions the examination period which has to be granted to the landlord - 5-6 days IMO are simply not enough time for the landlord to do a thorough job.
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Old 30.12.2013, 16:38
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Re: Early departure from the apartment

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The landlord has to accept the tenant. "suitable" does not mean that only the present tenant finds said person suitable, the landlord has to as well. I don't think OP has any chance of getting out of the contract anyway since it is simply too late.
If it goes to court the landlord will loose if the prospective replacement tenant has at least the same level of work permit, is in a full time job with a high enough salary to pay the rent.
Providing 1 such person is all that is required, the agency might like more, however the law will not protect them if they say no.
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Old 30.12.2013, 17:22
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Re: Early departure from the apartment

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Suitable: Homegate (http://www.homegate.ch/mieten/ratgeb...abe/nachmieter) says more on the subject and it also mentions the examination period which has to be granted to the landlord - 5-6 days IMO are simply not enough time for the landlord to do a thorough job.
Great Link !!!
Here it is again in English:

or if you're too lazy to click it.... that or if one day the link fails

Quote:
A reasonable replacement tenant

In order for the tenant to be relieved of the obligation to pay rent before
the rental contract has run its course, the suggested replacement tenant must be financially solvent, be reasonable for the landlord and in addition must be willing to assume the contract at the same terms up to its standard termination. It is sufficient to suggest a single replacement tenant who fulfils all these requirements.

Solvency

The landlord is primarily interested in whether the suggested tenant is
financially capable of paying the monthly rent. The ability to make payments is, as a rule of thumb, then fulfilled if the household income is greater than three times the monthly rent, and an extract from the debt enforcement register shows no significant debts (such as multiple pending debt-enforcement proceedings or even certificates declaring inability to pay). As proof of the ability to make payments, it is recommended that in addition to the extract from the debt enforcement register you should require the potential tenant to produce a pay slip or an annual salary statement. Self-employed people, on the other hand, should provide an annual financial statement.

Reasonable

The term reasonable is judged by objective criteria. In general, it means
that the landlord may not be put into a worse position due to the change in tenants. Unfounded fears based on certain categories of people (e.g. due to nationality, race, religion, sex or marital status) are not grounds for
excluding a candidate. Here you must remember that the landlord is not obliged to sign a contract with the suggested tenant, but only to release the exiting tenant from his obligation to pay rent. To make it possible for the landlord to adequately verify that a prospective tenant is reasonable, that candidate should be encouraged to provide his previous landlord or property management company as a reference.

Assumption of the same terms

The replacement tenant must be willing to assume the contract at the same terms. He may not make closing a contract conditional on different terms such as lower rent or other usage of the property. Finally, he must also consider the building's overall rules and regulations as an integral part of the contract. It is recommended to provide interested parties in advance with all contractual components so that they can apply for the apartment with knowledge of these aspects

The landlord's period for consideration

If all these requirements are fulfilled, the exiting tenant's obligation to
make rental payments is complete from the point in time when the replacement tenant does or would be willing to assume the rental contract. The landlord must be given adequate time to review the replacement tenant. In practice, this is generally a month, whereby the landlord's degree of professionalism must also be taken into consideration. This period can be significantly influenced or shortened by the documentation which is submitted. With a complete file, a period of 20 days would seem to be appropriate
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Old 16.09.2016, 19:01
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Leaving apartment 1 1/2 month in advance

Hi! I have suffered from my landlady since the beginning and now that I want to leave it looks like it won't be the end. I found another apartment to start October 1st and I told her late August. She told me that I needed to provide her with a candidate that would take over the lease, but it would be up to her to decide.

September 1st, I gave her 6 dossiers of solvable people (salary was more than 3x the rent for all of them), and they were all interested. It took her 1 week to start calling somebody and she only called two of them, but it took her so long to make an appointment to "meet" them, that they found another place in the meantime. She didn't call the other 4 because she said "they don't suit her". I've had a look at the conditions of my lease and it clearly says that I need to provide ONE valid candidate interested at least one month in advance, but then it's up to the owner to reach an agreement or not.

I'm concerned about her trying to make me pay the month of October just because she's so picky, and because it has taken ages for her to react. I have been showing the apartment non stop and I don't want to start fighting or anything, but I'm foreseeing that she won't have anyone by the end of the month, and she has my 3 month deposit, so I'm clearly in disadvantage. Any advice?

Thanks!
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Old 16.09.2016, 19:48
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Re: Leaving apartment 1 1/2 month in advance

As it has been said many times: contact ASLOCA.
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