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  #21  
Old 03.05.2013, 07:18
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Re: Lease Termination due to Relocation

Aswith any legal agreement, like Wallabies says, it will be as described in your lease agreement. What does it say there? Have you talked directly with your landlord about it, or do you just go through the agency? Another good source for help/advice is the Mietverbung (asloca? in your neck of the woods?)

At least there is still a bit of time until October...
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  #22  
Old 03.05.2013, 07:38
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Re: Lease Termination due to Relocation

It might be worth having a chat with the tenants' protection group (whatever it is called in Vaud). Many long term contracts can be terminated if the party leaves the country, or one party if unable to fulfill the contract due to reasons beyond they're control. So it's possible you may not be liable for the full term of the lease, but the only way to be sure is to ask your own lawyer.

But I doubt it.
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  #23  
Old 03.05.2013, 10:11
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Re: Lease Termination due to Relocation

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It might be worth having a chat with the tenants' protection group (whatever it is called in Vaud). Many long term contracts can be terminated if the party leaves the country, or one party if unable to fulfill the contract due to reasons beyond they're control. So it's possible you may not be liable for the full term of the lease, but the only way to be sure is to ask your own lawyer.

But I doubt it.
I *have* asked lawyers/attorneys, albeit in a personal not professional context. According to them, there's nothing in the law that allows for early termination due to relocation. The relocation is your problem, not the landlord's.
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  #24  
Old 03.05.2013, 11:01
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Re: Lease Termination due to Relocation

No, you do not have to find a new tenant unless you are planning to leave the property before the lease expires. If you do not want to go to the trouble of finding a new tenant then you must pay the remaining months' rental up to the termination date.

Example 1: You plan to leave on 30th September when your lease ends, that's your moving out day. You must write a letter (not call or e-mail) and send it registered post to your leasing agency for receipt by them before 30th June. You continue to live and pay rent on the property until 30th September when you move out. No outstanding rent and no new tenant required from you, that's the agency's responsibility.

Example 2: You plan to leave on July 1st, although your lease ends on the 30th September. You must still send the letter as outlined above, but in addition you will either have to pay the remaining months on the lease, i.e. July, August and September, or provide the agency with details of suitable new tenants who are interested in taking the property on. I think it's been mentioned elsewhere that 3 names are recommended. This means you'd need to advertise the property somehow to let people know the property is available to rent. Note that you only have to provide suitable new tenant details to the agency. If they refuse to accept any of them, that's not your problem. You have done what is required by law and are not, therefore, required to pay the outstanding rent.

The reason for your move has nothing to do with it. You must still either pay the outstanding rent or provide details of suitable new tenants.
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  #25  
Old 03.05.2013, 11:19
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Re: Lease Termination due to Relocation

The terms should be clearly spelled out in your lease. Most contracts here are written in such a way that it is pointless to try and fight in court - the terms are crystal clear. In your case, that likely means you must do as the agency says, even if you are leaving the country.

Just so you know, if you don't follow the terms of the lease and leave without paying and/or finding someone else, you will get a betriebung (basically an outstanding debt obligation) on your record, and most likely won't be allowed back into the country. Not saying this is what you're thinking of doing - just letting you know potential consequences.

Plenty of expats find new renters quickly. The housing market is very tight in much of the country. I imagine you'll have folks lined up for viewings in no time. Good luck with your lease, and your move.
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  #26  
Old 04.05.2013, 18:32
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Re: Lease Termination due to Relocation

I recommend Asloca http://www.asloca.ch/asloca-vaud
they protect the rights of apartment tenants and in particular deal with this kind of stuff
it will cost you CHF20 or so
A friend of mine was having mold on the walls of her apartment and they helped her to convince the agency to have it repaired. This is not your case but they deal with all kinds of issues.
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  #27  
Old 04.05.2013, 18:38
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Re: Lease Termination due to Relocation

It might be worth checking with the company you are working for. Some companies pay for breaking the lease if it is due to transfer/relocation etc. There is a slight possibility that you might get some help.
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  #28  
Old 04.05.2013, 18:43
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Re: Lease Termination due to Relocation

As somebody here discovered recently, dying doesn't get you out of a lease, so you've no chance if you're merely leaving the country.
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  #29  
Old 15.05.2013, 00:15
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Re: Lease Termination due to Relocation

hmmm...then there's no chance to get out of this "adventure")))
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  #30  
Old 15.05.2013, 00:18
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Re: Lease Termination due to Relocation

In CH even death does not release you from your rental contract (I know, my dear dad died a few days after the 3 months notice period)...Fortunately we found somebody to take over, and we able to come to a friendly agreement with the owner - we had to pay for aobut 2 months rent after his demise.
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  #31  
Old 15.05.2013, 00:21
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Re: Lease Termination due to Relocation

thanx a lot for a drop of optimism!) pretty sure it will work)
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  #32  
Old 15.05.2013, 00:25
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Re: Lease Termination due to Relocation

Put it on Homegate in order to find suitable tenants to take over the lease. Probably now a bit too early so wait until the end of the month. The ad will cost about CHF 125 plus CHF 2.50 for each day it is on. Better than paying rent until the end of the contract.
Hope you find somebody soon.
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  #33  
Old 15.05.2013, 00:26
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Re: Lease Termination due to Relocation

Hey guys) Once again thank you for all your replies, they were really useful!
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  #34  
Old 24.05.2013, 23:09
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Re: Lease Termination due to Relocation

Thanks guys,, I have the same situation and this is helpful
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  #35  
Old 26.06.2013, 11:29
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Re: Lease Termination due to Relocation

I have the same situation I had posted the advertise on homegate.ch.
I have receive email from the agency that is not allowed publish by myself.
The agency have published the ad with my e-mail address. So I recommend ask them first.
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  #36  
Old 03.07.2013, 16:56
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Re: Lease Termination due to Relocation

We have the same issue here, even though we found a new tenant however the landlord keep rejecting their application. We still have 2 more months to go.
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  #37  
Old 03.07.2013, 17:27
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Re: Lease Termination due to Relocation

My lease states in it..
If my company relocates me out of the canton or country - I can simply give 3 months notice and leave. Nothing about finding people or any or that nonsense. Maybe I just have a nice lease? I do have a very nice regie and landlord!


clause liberatoire
Si le locataire ou occupant du logement designe par contrat de bail, quelle que soit sa nationalite, est transfere hors du canton vaud ou de suisse par son employeur, il a le droit de denoncer le contrat de bail de facon anticipee avec un preavis de 3 mois.
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  #38  
Old 03.07.2013, 17:41
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Re: Lease Termination due to Relocation

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My lease states in it..
If my company relocates me out of the canton or country - I can simply give 3 months notice and leave. Nothing about finding people or any or that nonsense. Maybe I just have a nice lease? I do have a very nice regie and landlord!


clause liberatoire
Si le locataire ou occupant du logement designe par contrat de bail, quelle que soit sa nationalite, est transfere hors du canton vaud ou de suisse par son employeur, il a le droit de denoncer le contrat de bail de facon anticipee avec un preavis de 3 mois.
The "three months" is always there. But this is a different issue.

Some contracts have also minimum duration, eg 1 year, or 6 months. So, if you don't want to obey the minimum duration, some agencies accept to let you go sooner, if you find 2-3 perspective tenants (regardless if the agency/landlord rejects them). That is on top of the 3m notice. (see #6 my Medea)
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  #39  
Old 04.07.2013, 18:57
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Re: Lease Termination due to Relocation

A few points based on my experience at the school of hard knock
1) make sure you send your registed letter early. A more devious landlord may decide to not pick it up from the post office with some excuse like 'I was on holiday'
2) make sure your landlord knows the law regarding the general terms that allow you a release once you have found an acceptable replacement tenant.
3) make sure your landlord will cooperate and approve prospective tenants in a timely manner ... he may have little to lose by keeping you on the hook, taking his time and your prospective tenant may move on due to lack of response.

Bottom line if you have a decent person as your landlord, you should be fine ... if not lookout!!
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  #40  
Old 04.07.2013, 19:31
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Re: Lease Termination due to Relocation

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A few points based on my experience at the school of hard knock
1) make sure you send your registed letter early. A more devious landlord may decide to not pick it up from the post office with some excuse like 'I was on holiday'
2) make sure your landlord knows the law regarding the general terms that allow you a release once you have found an acceptable replacement tenant.
3) make sure your landlord will cooperate and approve prospective tenants in a timely manner ... he may have little to lose by keeping you on the hook, taking his time and your prospective tenant may move on due to lack of response.

Bottom line if you have a decent person as your landlord, you should be fine ... if not lookout!!
If the landlord does not approve someone able & willing to take over the lease, it's his problem, not the OP's.
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