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Old 07.06.2014, 12:16
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Minimum termination notice period

Hi
I am about to leave Switzerland and the tenancy agreement I signed 1.5 years ago stated that I could give one month notice to move out at three separate dates, of which one is the 30 June. I therefore sent a letter to the landlord in May stating I intended to leave the apartment 30 June. He told me the contract we both signed stating the one month notice period was invalid as the statutory minimum is 3 months. Appreciate any help with this as I am bit worried that I am may have to pay until end of Sep.
Thanks
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Old 07.06.2014, 12:29
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Re: Minimum termination notice period

Normally it's 3 months, never heard of 1. Law usually takes priority as it's the minimum.
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Old 07.06.2014, 12:32
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Re: Minimum termination notice period

Think it was a mistake from the landlord. So I guess I cannot argue that the one month was agreed by myself and the landlord despite being less than the miniumum of three months?
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Old 07.06.2014, 12:40
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Re: Minimum termination notice period

Doesn't look like it. Your very best bet is to find a suitable tenant asap- to get you off the hook. Why not advertise here on EF too?
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Old 07.06.2014, 12:42
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Re: Minimum termination notice period

Thanks. Posted an ad on homegate. Good idea to post it here as well.
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Old 07.06.2014, 12:42
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Re: Minimum termination notice period

You've been Switzerlanded mate!
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Old 07.06.2014, 12:52
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Re: Minimum termination notice period



http://www.englishforum.ch/showthrea...ferrerid=90727
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Old 07.06.2014, 13:03
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Re: Minimum termination notice period

I don't think you will have any problems finding someone. Stick it on homegate and your phone will blow up with phone calls
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Old 08.06.2014, 14:41
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Re: Minimum termination notice period

Maybe this belongs in another thread, but reading this I am left very worried about signing a Swiss contract, if a clause agreed upon by both parties can later be deemed invalid, without calling the entire contract into question.

How does one protect oneself?

Say, for instance, that a tenant were specifically looking for a shortened notice period, that was the prime factor in his willingness to rent this flat, perhaps he even paid over the odds for this concession. The landlord made an offer of this short notice condition in the contract, the tenant accepted. By claiming that this clause - which he, himself, offered as incentive - is invalid, is that not bait-and-switch?

Given that it is rare to use lawyers, if one cannot trust what is written in black and white in the contract, how can one protect oneself when entering into any contractual relationship here?

Would it be worth the OP's time to consult the Mieterverband in this instance?

(Maybe we need a 'Ins and outs of Swiss contracts, for the layperson' thread. Any legal eagles willing to give it a go?l
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Old 08.06.2014, 15:01
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Re: Minimum termination notice period

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Maybe this belongs in another thread, but reading this I am left very worried about signing a Swiss contract, if a clause agreed upon by both parties can later be deemed invalid, without calling the entire contract into question.

How does one protect oneself?

Say, for instance, that a tenant were specifically looking for a shortened notice period, that was the prime factor in his willingness to rent this flat, perhaps he even paid over the odds for this concession. The landlord made an offer of this short notice condition in the contract, the tenant accepted. By claiming that this clause - which he, himself, offered as incentive - is invalid, is that not bait-and-switch?

Given that it is rare to use lawyers, if one cannot trust what is written in black and white in the contract, how can one protect oneself when entering into any contractual relationship here?

Would it be worth the OP's time to consult the Mieterverband in this instance?

(Maybe we need a 'Ins and outs of Swiss contracts, for the layperson' thread. Any legal eagles willing to give it a go?l
I was wondering the same thing.
My interpretation would have been that the standard three months notice would be the case unless an alternative arrangement was agreed upon by both parties as was the case here.
If the landlord signed the contract with the one month notice period then in my opinion he should honour it.
In the OP's position I would be going to see the Mieterverband to find out exactly where I stood legally.
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Old 08.06.2014, 15:04
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Re: Minimum termination notice period

Thanks for the comments. Probably should have mentioned I have an appointment on Wed with Mieterverband. Will update the thread afterwards. Hopefully they can clarify the issue.
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Old 08.06.2014, 15:18
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Re: Minimum termination notice period

I believe if the contract states that you absolve the right to the minimal notice period as required by law, a shorter one would stick.
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Old 08.06.2014, 15:35
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Re: Minimum termination notice period

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Hi
I am about to leave Switzerland and the tenancy agreement I signed 1.5 years ago stated that I could give one month notice to move out at three separate dates, of which one is the 30 June. I therefore sent a letter to the landlord in May stating I intended to leave the apartment 30 June. He told me the contract we both signed stating the one month notice period was invalid as the statutory minimum is 3 months. Appreciate any help with this as I am bit worried that I am may have to pay until end of Sep.
Thanks
looks like the landlord is bullshitting you
Quote:
In erster Linie gilt immer der Kündigungstermin, der in Ihrem Mietvertrag angegeben ist.

Ist nichts angegeben, gelten die ortsüblichen Kündigungstermine. Im Gesetzesartikel (OR 266a), der sich mit dem Kündigungstermin befasst, steht : Als Kündigungstermin gilt der Ortstermin.
http://www.immoscout24.ch/IS24Web/Co...id=3828&lng=en
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Old 08.06.2014, 22:31
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Re: Minimum termination notice period

I have seen rental contracts with 6 months' notice period.

I have also seen rental contracts with a one months' notice period.

What is written on the front page stands, as far as I am aware, if the contract is signed by both parties.

Out of curiousity, is your rental contract hand written?
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Old 11.06.2014, 19:00
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Re: Minimum termination notice period

The contract I have is not hand written. Seems the landlord made a typo as I have two contracts - one for the apartment and one for the garage. They had put three months for the garage and one month for the apartment when it probably should have been the other way around.

OK so I went to Mietverband to get some clarity. Pretty useless. Not very helpful personnel and they do not seem particularly knowledgeable. They could not give me a direct answer but basically told me the law states three months and it cannot be less than that so any contract stating anything less is possibly invalid. They recommended I consider it to be three months. Well spent 75 francs. It is possible that if I were to go to court over this, which I certainly wont, I could win. Simply need to find a few people quickly to take over the apartment. Thanks for all the comments.
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Old 11.06.2014, 19:13
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Re: Minimum termination notice period

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The contract I have is not hand written. Seems the landlord made a typo as I have two contracts - one for the apartment and one for the garage. They had put three months for the garage and one month for the apartment when it probably should have been the other way around.
Yes, I agree it was likely switched around.

If you have two contracts you need to give notice on both to the end of the next notice period. So the apartment is to end of September. In that letter you need to ask for permission to sublet.

I looked at your ad. It looks like a very nice apartment and I don't think you should have trouble subletting. If the garage is optional, it should not matter if someone doesn't want parking. But be careful that if they do the option will be available. Best to talk to your landlord about this.
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Old 12.06.2014, 11:14
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Re: Minimum termination notice period

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The contract I have is not hand written. Seems the landlord made a typo as I have two contracts - one for the apartment and one for the garage. They had put three months for the garage and one month for the apartment when it probably should have been the other way around.

OK so I went to Mietverband to get some clarity. Pretty useless. Not very helpful personnel and they do not seem particularly knowledgeable. They could not give me a direct answer but basically told me the law states three months and it cannot be less than that so any contract stating anything less is possibly invalid. They recommended I consider it to be three months. Well spent 75 francs. It is possible that if I were to go to court over this, which I certainly wont, I could win. Simply need to find a few people quickly to take over the apartment. Thanks for all the comments.
Interestingly the first answer was as Good as the meatverband ! Goog Old EF
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Old 12.06.2014, 11:34
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Re: Minimum termination notice period

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Given that it is rare to use lawyers, if one cannot trust what is written in black and white in the contract, how can one protect oneself when entering into any contractual relationship here?

(Maybe we need a 'Ins and outs of Swiss contracts, for the layperson' thread. Any legal eagles willing to give it a go?l
Read and understand the law: Swiss Code of Obligations.

Invalid parts may not make the whole contract invalid:
Art. 2
Quote:
1 Where the parties have agreed on all the essential terms, it is presumed that the contract will be binding notwithstanding any reservation on secondary terms.
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I have seen rental contracts with 6 months' notice period.

I have also seen rental contracts with a one months' notice period.

What is written on the front page stands, as far as I am aware, if the contract is signed by both parties.
No. Law allways trumps contract.

Art. 19 Code of Obligations
Quote:
1 The terms of a contract may be freely determined within the limits of the law.

2 Clauses that deviate from those prescribed by law are admissible only where the law does not prescribe mandatory forms of wording or where deviation from the legally prescribed terms would contravene public policy, morality or rights of personal privacy.

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looks like the landlord is bullshitting you
No. As fatmanfilms allready pointed out and Mieterverband reaffirmed.

Art. 266a Swiss Code of Obligations
Quote:
1 The parties may give notice to terminate a lease of indefinite duration by observing the legally prescribed notice periods and termination dates, except where they have agreed a longer notice period or a different termination date.
Art. 266c
Quote:
3. Residential premises

A party may terminate a lease of residential premises by giving three months' notice expiring on a date fixed by local custom or, in the absence of such custom, at the end of a three-month period of the lease.
Art. 266e
Quote:
5. Furnished rooms and parking spaces
A party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks' notice expiring at the end of a one-month period of the lease.
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