Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 21.01.2014, 20:10
Newbie 1st class
 
Join Date: Jan 2014
Location: Lugano, Ticino
Posts: 16
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
ccaasseeyy has no particular reputation at present
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).
Reply With Quote
  #2  
Old 21.01.2014, 21:08
Member
 
Join Date: Apr 2013
Location: ZUG
Posts: 244
Groaned at 14 Times in 11 Posts
Thanked 83 Times in 41 Posts
Ravenk is considered unworthyRavenk is considered unworthyRavenk is considered unworthy
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.
Reply With Quote
The following 2 users groan at Ravenk for this post:
  #3  
Old 21.01.2014, 21:22
Forum Legend
 
Join Date: Jun 2008
Location: Zurich
Posts: 8,205
Groaned at 292 Times in 221 Posts
Thanked 18,770 Times in 6,549 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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
Reply With Quote
This user would like to thank k_and_e for this useful post:
  #4  
Old 21.01.2014, 21:43
Member
 
Join Date: Apr 2013
Location: ZUG
Posts: 244
Groaned at 14 Times in 11 Posts
Thanked 83 Times in 41 Posts
Ravenk is considered unworthyRavenk is considered unworthyRavenk is considered unworthy
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 !
Reply With Quote
  #5  
Old 21.01.2014, 21:50
AJames's Avatar
Member
 
Join Date: Jan 2014
Location: Egypt
Posts: 211
Groaned at 14 Times in 5 Posts
Thanked 250 Times in 117 Posts
AJames has no particular reputation at present
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.
Reply With Quote
  #6  
Old 21.01.2014, 22:18
Senior Member
 
Join Date: Mar 2011
Location: Zurich
Posts: 393
Groaned at 20 Times in 14 Posts
Thanked 168 Times in 104 Posts
Superfast is considered unworthySuperfast is considered unworthySuperfast is considered unworthy
Re: Leaving 3 year swiss rental contract to move abroad

Is it legal to do a contract for 3 years without notice period?
Reply With Quote
  #7  
Old 22.01.2014, 05:57
Confloozed's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: Zurich
Posts: 4,799
Groaned at 104 Times in 91 Posts
Thanked 4,964 Times in 2,359 Posts
Confloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.
Reply With Quote
This user would like to thank Confloozed for this useful post:
  #8  
Old 22.01.2014, 08:08
dodgyken's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Democratic Republic Kenistan
Posts: 10,673
Groaned at 281 Times in 232 Posts
Thanked 19,403 Times in 7,402 Posts
dodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond repute
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!!
Reply With Quote
This user would like to thank dodgyken for this useful post:
  #9  
Old 22.01.2014, 09:04
Member
 
Join Date: Apr 2013
Location: ZUG
Posts: 244
Groaned at 14 Times in 11 Posts
Thanked 83 Times in 41 Posts
Ravenk is considered unworthyRavenk is considered unworthyRavenk is considered unworthy
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.
Reply With Quote
This user groans at Ravenk for this post:
  #10  
Old 22.01.2014, 09:12
Member
 
Join Date: Apr 2013
Location: ZUG
Posts: 244
Groaned at 14 Times in 11 Posts
Thanked 83 Times in 41 Posts
Ravenk is considered unworthyRavenk is considered unworthyRavenk is considered unworthy
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
Reply With Quote
  #11  
Old 22.01.2014, 09:13
Forum Legend
 
Join Date: Jun 2008
Location: Zurich
Posts: 8,205
Groaned at 292 Times in 221 Posts
Thanked 18,770 Times in 6,549 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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
Reply With Quote
This user would like to thank k_and_e for this useful post:
  #12  
Old 22.01.2014, 13:32
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,068
Groaned at 85 Times in 81 Posts
Thanked 18,575 Times in 8,284 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.

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.
Reply With Quote
This user would like to thank 3Wishes for this useful post:
  #13  
Old 22.01.2014, 13:49
fatmanfilms's Avatar
Super Moderator
 
Join Date: Apr 2010
Location: Verbier
Posts: 20,575
Groaned at 429 Times in 326 Posts
Thanked 21,331 Times in 11,194 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.

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.
Reply With Quote
The following 2 users would like to thank fatmanfilms for this useful post:
  #14  
Old 22.01.2014, 13:59
Newbie 1st class
 
Join Date: Jan 2014
Location: Lugano, Ticino
Posts: 16
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
ccaasseeyy has no particular reputation at present
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!
Reply With Quote
  #15  
Old 22.01.2014, 13:59
cereus's Avatar
Member
 
Join Date: Oct 2009
Location: Canada
Posts: 154
Groaned at 0 Times in 0 Posts
Thanked 79 Times in 42 Posts
cereus is considered knowledgeablecereus is considered knowledgeablecereus is considered knowledgeable
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.
Reply With Quote
  #16  
Old 22.01.2014, 14:04
Sean Connery's Avatar
Forum Legend
 
Join Date: Nov 2011
Location: Zurich
Posts: 5,515
Groaned at 58 Times in 54 Posts
Thanked 7,452 Times in 3,354 Posts
Sean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond repute
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....
Reply With Quote
  #17  
Old 22.01.2014, 14:07
Newbie 1st class
 
Join Date: Jan 2014
Location: Lugano, Ticino
Posts: 16
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
ccaasseeyy has no particular reputation at present
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.
Reply With Quote
  #18  
Old 22.01.2014, 14:08
Sean Connery's Avatar
Forum Legend
 
Join Date: Nov 2011
Location: Zurich
Posts: 5,515
Groaned at 58 Times in 54 Posts
Thanked 7,452 Times in 3,354 Posts
Sean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.
Reply With Quote
This user would like to thank Sean Connery for this useful post:
  #19  
Old 22.01.2014, 14:11
Forum Legend
 
Join Date: Sep 2006
Location: na
Posts: 10,851
Groaned at 34 Times in 30 Posts
Thanked 25,409 Times in 7,916 Posts
meloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.
Reply With Quote
  #20  
Old 22.01.2014, 14:20
fatmanfilms's Avatar
Super Moderator
 
Join Date: Apr 2010
Location: Verbier
Posts: 20,575
Groaned at 429 Times in 326 Posts
Thanked 21,331 Times in 11,194 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Leaving 3 year swiss rental contract to move abroad

Quote:
View Post
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.
Reply With Quote
Reply

Tags
apartment, contract, lugano apartment, rent




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Should we move our 16 year old to a Swiss school? still game Introductions 47 18.01.2015 06:12
Breaking rental contract when moving abroad cheesenonion Housing in general 14 19.02.2013 08:44
Sunrise contract for 2 years, and im leaving in one year, what to do??? Beautiful fairy Daily life 18 06.11.2011 23:02
swiss contract but work an live abroad Iria Employment 20 10.08.2010 16:54
Breaking rental contract within first 1 -year landmark77 Housing in general 5 03.11.2007 12:55


All times are GMT +2. The time now is 17:12.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0