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-   -   Leaving 3 year swiss rental contract to move abroad (https://www.englishforum.ch/housing-general/198809-leaving-3-year-swiss-rental-contract-move-abroad.html)

ccaasseeyy 21.01.2014 20:10

Leaving 3 year swiss rental contract to move abroad
 
Hi There,

Does anyone have any advice on leaving Swiss rental contracts early?
From my understanding on this website, it is imperative to find someone to take over the rest of our lease.
I signed a 3 year rental contract on an apartment in september 2013 with no get out clause, and I have been offered a new job abroad, which i have accepted, believing i would not have trouble finding someone to take over our apartment which is modern equipped.
I contacted my landlord 2 months ago and he agreed that we would go through our original estate agent to find someone to take over the rental contract.

It has been nearly 2 months since the estate agency has put an advert up on tutti.ch for our apartment, and granted, it has been Xmas, but we have only had 4 viewings on the apartment and noone interested enough yet to say yes. i am trying to contact the estate agency to get updates on what is going i.e. when people are coming over to view the apartment and if there has been any interest, however I am getting no reply from the estate agent now.

Due to the lack of communication from the estate agency, I decided to take the matter into my own hands, and put my own advert up for the apartment on home gate.ch. Although it looks as if some calls may have gone through to the estate agent (whose number I put on the ad as well as my own), i have heard nothing from the estate agent.
Does anyone have any advice on what i can do?
i will be leaving Lugano next weekend, and am worried that I still will not have found someone to take over the lease (I am resigned to the fact that i will be paying for the rent on this empty flat for February, at least, but am loathe to pay rent for much longer afterward March).

Ravenk 21.01.2014 21:08

Re: Leaving 3 year swiss rental contract to move abroad
 
If it comes to the crunch ....Check if debt can be recovered from the country your moving to and if not ...then well ...it's down to if you want to keep on paying for an empty apartment or not. Guess you would lose your deposit.

k_and_e 21.01.2014 21:22

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by Ravenk (Post 2068575)
If it comes to the crunch ....Check if debt can be recovered from the country your moving to and if not ...then well ...it's down to if you want to keep on paying for an empty apartment or not. Guess you would lose your deposit.

great advice:msncrazy:

Ravenk 21.01.2014 21:43

Re: Leaving 3 year swiss rental contract to move abroad
 
Well , reading between the lines, the OP is stating ....
- 3 year lease - no early exit
- Can't find someone to take over lease
- Does not fancy paying lease beyond Feb , having left CH

What are his options ...Well keep paying or default.
Simples !

AJames 21.01.2014 21:50

Re: Leaving 3 year swiss rental contract to move abroad
 
I am just guessing but I would imagine that fewer people are looking for apartments in January than say the Spring or Summer, especially in the Tessin.

Also, the rent might actually be too high - maybe you were paying too much - and that could be putting people off.

Just a guess as I do not have all the details.

Superfast 21.01.2014 22:18

Re: Leaving 3 year swiss rental contract to move abroad
 
Is it legal to do a contract for 3 years without notice period?

Confloozed 22.01.2014 05:57

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by Ravenk (Post 2068609)
Well , reading between the lines, the OP is stating ....
- 3 year lease - no early exit
- Can't find someone to take over lease
- Does not fancy paying lease beyond Feb , having left CH

What are his options ...Well keep paying or default.
Simples !

Reading between the lines? Or rather reading?


The reason contracts are drawn up and singed, is an assumption of a person's honor. And honoring of contracts they agree to upon mutually.


Apparently you have no honor yourself, otherwise you wouldn't suggest something like that.

dodgyken 22.01.2014 08:08

Re: Leaving 3 year swiss rental contract to move abroad
 
IIRC some new places do have clauses that require a minimum 1 year stay - with 12 months being the earliest termination. I would still expect that you could terminate after the 12 months at the "usual" twice yearly dates.


Re-read the contact.


And don't stop paying the contract!!

Ravenk 22.01.2014 09:04

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by Confloozed (Post 2068722)
Reading between the lines? Or rather reading?


The reason contracts are drawn up and singed, is an assumption of a person's honor. And honoring of contracts they agree to upon mutually.


Apparently you have no honor yourself, otherwise you wouldn't suggest something like that.

Dear Mr Aggressive.
Whatever you want to conclude in your bitter angry reply.

Ravenk 22.01.2014 09:12

Re: Leaving 3 year swiss rental contract to move abroad
 
I'm not sure how someone can expect the renter to commit to three years.
Life style changes could happen at the drop of a hat. Unemployment , having to leave CH due to ill health or family issues in home country.
So it must be a risk letting to an expat ?
Thus I would build in the risk of default into the letting cost.
Honor of contract or not lol

k_and_e 22.01.2014 09:13

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by Ravenk (Post 2068807)
I'm not sure how someone can expect the renter to commit to three years.
Life style changes could happen at the drop of a hat. Unemployment , having to leave CH due to ill health or family issues in home country.
So it must be a risk letting to an expat ?
Thus I would build in the risk of default into the letting cost.
Honor of contract or not lol

I am not sure how a renter can commit to three years;)

3Wishes 22.01.2014 13:32

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by Ravenk (Post 2068807)
I'm not sure how someone can expect the renter to commit to three years...

From what I understand, that was the rule in our building when it was first built. Every tenant had to agree to sign for three years or they would not get the flat. They could of course find new tenants to break the lease with proper notice and all that, but up front it was required. All of them signed for three, and at least two of the tenants signed seven-year leases.:eek:

I think landlords have the upper hand in CH, as supply is short and demand is high. They can ask the moon and pretty much get it.

fatmanfilms 22.01.2014 13:49

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by 3Wishes (Post 2069050)
From what I understand, that was the rule in our building when it was first built. Every tenant had to agree to sign for three years or they would not get the flat. They could of course find new tenants to break the lease with proper notice and all that, but up front it was required. All of them signed for three, and at least two of the tenants signed seven-year leases.:eek:

I think landlords have the upper hand in CH, as supply is short and demand is high. They can ask the moon and pretty much get it.

If people are happy to sign a 3/5/7 year contract, then it's clearly in the landlords interest. Why rent to Johny Foreigner who will only stay for 6 months?
Signing a long contract has one major disadvantage in a rising market to the landlord, he can't keep increasing the rent, it's not greed just less hassle.

ccaasseeyy 22.01.2014 13:59

Re: Leaving 3 year swiss rental contract to move abroad
 
Thanks everybody for the feedback so far - all very helpful,

just to cover on some of the pertinent points;


First, in no way do we want to bail on the contract. It's not right, either morally or legally. We are moving to Amsterdam and my company are aware of this, it would not be too hard to be tracked down.

Second, we are on SwissCaution - sacrificing the deposit is not an option.

Third, I agree with being locked into 3 years being unreasonable if you are leaving the country. Technically, we have surrendered our B-permits so we do not have the right to work in Switzerland but have to pay a lease in Switzerland. In the Netherlands for example, tenants have diplomatic rights whereby if you leave the country rather than "dont like the flat/rates/area" you can get out of the contract. I am assuming there is nothing similar to this.

Finally - to the above - this is exactly the case. As it was a newly built apartment the minimum lease was 3 years. We thought we would do the majority of this time - however my current job situation turned sour quickly, alongside being headhunted for another company.

I guess in summary - there are no legal workarounds, and no way to get out. Hopefully the market will pick up in February or March, or maybe I can make an offer to the landlord to release me from the contract early. Has anybody had experience of this?

But, however unlikely, it is quite scary thinking of paying up another 2.5 years of a lease in Lugano!

cereus 22.01.2014 13:59

Re: Leaving 3 year swiss rental contract to move abroad
 
Or it really bites the landlord back when they want to sell the building quick.

The sale had to go through before the 20% limitation rule came into effect, but the last tenant who had signed a 7? year long lease refused to go.

There was eventually a payout. I think it was in the neighbourhood of 100,000 CHF.

Sean Connery 22.01.2014 14:04

Re: Leaving 3 year swiss rental contract to move abroad
 
Why is there no link to the place as an advert here?

And have you tried talking to Tasis and Franklin as they may have students and teachers looking for properties....

ccaasseeyy 22.01.2014 14:07

Re: Leaving 3 year swiss rental contract to move abroad
 
sorry, just had the impression that the forum liked to keep advertisments to the marketplace section - rather than general discussion;

http://www.englishforum.ch/property-...lugano-ti.html

thank you for the advice though, I will try to drop a line to the schools - that's a great idea.

Sean Connery 22.01.2014 14:08

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by ccaasseeyy (Post 2069073)
sorry, just had the impression that the forum liked to keep advertisments to the marketplace section - rather than general discussion;

http://www.englishforum.ch/property-...lugano-ti.html

thank you for the advice though, I will try to drop a line to the schools - that's a great idea.

you'll probably get away with it ;)

edit: don't forget USI too. But as it's one bedroom, it might be a bit pricey for students....you have two hospitals nearby too, don't forget those.

meloncollie 22.01.2014 14:11

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by ccaasseeyy (Post 2069068)
Has anybody had experience of this?

CCaasseeyy, have you finalized negotiations with the new company?

If at all possible, you might want to see what kind of help your new company can provide. Is there a chance of their taking over the lease? Or a lump sum relo amount that would cover your liability for the remaining contract? After all, they headhunted you...

Hope you find a workable solution.

fatmanfilms 22.01.2014 14:20

Re: Leaving 3 year swiss rental contract to move abroad
 
Quote:

Originally Posted by meloncollie (Post 2069079)
CCaasseeyy, have you finalized negotiations with the new company?

If at all possible, you might want to see what kind of help your new company can provide. Is there a chance of their taking over the lease? Or a lump sum relo amount that would cover your liability for the remaining contract? After all, they headhunted you...

Hope you find a workable solution.

The liability is potentially around 56k, obviously after tax, the new company is going to have to want the OP a lot to take on that liability.


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