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  #61  
Old 13.02.2015, 17:47
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Re: Advise on opting out of rental lease

You have to pay the rent until your contract runs out unless you find someone who will take over your lease (and your landlord accepts them). Your deposit only covers any damage that you might cause, as far as I know.

Advertise anywhere you can. Migros and Coop blackboard, local newspaper, online etc. The next date when half of Switzerland moves apartments, i.e. April 1st, is just coming up so you might get lucky.

Good luck!
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  #62  
Old 13.02.2015, 18:13
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Re: Advise on opting out of rental lease

Thank you for coming back to me. Finding out Switzerland can be very harsh!
Found out from the previous tenant in our house that they received very similar treatment which is unfolding I am told to watch my back!!!!

Do you know if I need to advise my Landlord that I am looking to find a new tenant for the house or am I fine to go ahead myself?

Can they decline the new tenant if the new tenant is financially viable?

Thanks again
Michelle
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  #63  
Old 13.02.2015, 18:20
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Re: Advise on opting out of rental lease

Hello GKavanagh

here is a similar thread to yours, with some suggestions of how to proceed.
Leaving 3 year swiss rental contract to move abroad
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  #64  
Old 13.02.2015, 19:36
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Re: Advise on opting out of rental lease

Why does every one always assume the worst.

It is not uncommon for houses to have stricter leaving rules than apartments. They are more expensive (as you have seen) and are much more difficult to rent out as there is less demand.

When we rented out house the tenants had a fixed contract which could not be broken for a year. They knew this and they accepted this. We didn't sneak that clause in without them knowing.

Where you not informed of the terms of the contract you signed?

You should not have signed a lease for more than 30% of your salary. If the relocation agent pushed you to do
That then THAT is wrong.
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  #65  
Old 13.02.2015, 19:59
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Re: Advise on opting out of rental lease

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Thank you for coming back to me. Finding out Switzerland can be very harsh!
Found out from the previous tenant in our house that they received very similar treatment which is unfolding I am told to watch my back!!!!

Do you know if I need to advise my Landlord that I am looking to find a new tenant for the house or am I fine to go ahead myself?

Can they decline the new tenant if the new tenant is financially viable?

Thanks again
Michelle
Early departure from the apartment

Best to read the whole thread the link above refers to and especially the homegate link I posted in post #16 defining suitability of a Nachmieter.
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  #66  
Old 13.02.2015, 20:11
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Re: Advise on opting out of rental lease

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Why does every one always assume the worst.

It is not uncommon for houses to have stricter leaving rules than apartments. They are more expensive (as you have seen) and are much more difficult to rent out as there is less demand.

When we rented out house the tenants had a fixed contract which could not be broken for a year. They knew this and they accepted this. We didn't sneak that clause in without them knowing.

Where you not informed of the terms of the contract you signed?

You should not have signed a lease for more than 30% of your salary. If the relocation agent pushed you to do
That then THAT is wrong.
Exactly. But really, it is not up to the landlord to inform the rentor of the terms of the contract, but up to the client to ensure that they are informed.

If I ever wanted to rent our property, I would much prefer to rent at a slightly lower rate, in exchange for a long-term contract- because it is so much less hassle. But yes, I would make sure this is clearly understood and explain there is no way out, unless they find someone suitable to take over themselves.

Thing is, for me it seems wrong that an owner has to accept anyone who is solvent and can afford the rent to take over. I would want to personally vet the new tenant and feel happy and comfortable with who is going to live in my house, and feel confident they will look after it well and respect it, including the garden.
I suppose it is different for a landlord with investment properties and no attachment to the place.

Last edited by Odile; 13.02.2015 at 21:52.
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  #67  
Old 13.02.2015, 22:43
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Re: Advise on opting out of rental lease

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Thank you for coming back to me. Finding out Switzerland can be very harsh!
It is unfortunate that you are in this situation, particularly as you had relocation support. Perhaps you view rental law as harsh but the law is also there to protect tenants. I know of situations where new owners waited months after buying a property which was tenanted because the tenants were not forced to move out immediately.

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Found out from the previous tenant in our house that they received very similar treatment which is unfolding I am told to watch my back!!!!
The walls don't talk. Few people ask why previous tenants have moved out but there are usually three sides to a story.

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Do you know if I need to advise my Landlord that I am looking to find a new tenant for the house or am I fine to go ahead myself?
Once you give the required notice the landlord is supposed to respond and usually you discuss and agree who will run the ad and who will pay for it. There are many places you can post notices and you can contact the nearby international schools, and relocation agencies. However, I think you need to advertise on one of the main property rental websites. The landlord should supply you with application forms.

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Can they decline the new tenant if the new tenant is financially viable?
Theoretically no. But if you are finding the house a stretch, assuming when you applied your income to rent ratio was the acceptable norm, is the house more costly to run than expected? If so, then the landlord might be seeking an income level beyond what was acceptable before.

My professional advice to you is to fulfill the rest of your contract and rent a new one to start once the current lease finishes. I am fairly certain you would not be able to rent anything while you are still legally responsible for the rent at your current home. Anyone looking at your application is going to ask about your present circumstances and contact your current landlord.
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  #68  
Old 14.02.2015, 00:15
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Re: Advise on opting out of rental lease

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Thing is, for me it seems wrong that an owner has to accept anyone who is solvent and can afford the rent to take over. I would want to personally vet the new tenant and feel happy and comfortable with who is going to live in my house, and feel confident they will look after it well and respect it, including the garden.
I suppose it is different for a landlord with investment properties and no attachment to the place.
You have every right to vet whoever you want, however if the person presented is solvent and capable of assuming the rent (guide line 33% of salary) you either accept him or refuse him.

If you refuse, then it is the owners','problem to find a new tennant and the old tennant is released from his contractual obligation.

The owner can refuse whoever he wants, but of course, there are consequences
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Old 14.02.2015, 03:26
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Re: Advise on opting out of rental lease

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You have every right to vet whoever you want, however if the person presented is solvent and capable of assuming the rent (guide line 33% of salary) you either accept him or refuse him.

If you refuse, then it is the owners','problem to find a new tennant and the old tennant is released from his contractual obligation.

The owner can refuse whoever he wants, but of course, there are consequences
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Exactly. But really, it is not up to the landlord to inform the rentor of the terms of the contract, but up to the client to ensure that they are informed.

If I ever wanted to rent our property, I would much prefer to rent at a slightly lower rate, in exchange for a long-term contract- because it is so much less hassle. But yes, I would make sure this is clearly understood and explain there is no way out, unless they find someone suitable to take over themselves.

Thing is, for me it seems wrong that an owner has to accept anyone who is solvent and can afford the rent to take over. I would want to personally vet the new tenant and feel happy and comfortable with who is going to live in my house, and feel confident they will look after it well and respect it, including the garden.
I suppose it is different for a landlord with investment properties and no attachment to the place.
Today only is right - if the prospective replacement tenant is indeed suitable in the way homegate states, the current tenant is off the hook for rent as soon as the contract with the new tenant starts.
You (Odile) as a private landlady would have an advantage over agencies because your examination period would be longer than theirs - about one month as opposed to 1-2 weeks. So you could theoretically use that month to contact prospective tenant and make sure you'd like them to look after your house before offering them a contract, but if you don't feel confident and push comes to shove (current tenant goes to asloca and then ends up at the arbitration office), they might rule in the current tenant's favor and take him off the hook for rent as the prospective tenant meets the objective suitability criteria of a good replacement tenant, while your subjective criteria might not be taken into account.

Probably safer for you to remain in your house - which you like, anyway - in person and not just on paper as a landlady, as opposed to entrusting it to tenants.
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  #70  
Old 14.02.2015, 20:17
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Re: Advise on opting out of rental lease

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Finding out Switzerland can be very harsh!
What is the point of a contract that's not worth the paper it's written on? I think it's more that other countries are lax.
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  #71  
Old 14.02.2015, 21:01
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Urgent advice needed for early termination of apartment lease

I'm from Canada, but arrived in Switzerland in December 2014 on an L permit for a one year job contract. Unfortunately, due to unforeseen reasons, after one month (mid-January) my employment was terminated, hence the validity of my L permit.

Prior to moving, I signed my apartment lease agreement which was for 14 months, along with paying a 3 month advance deposit. I contacted the property management company mentioning that due to an emergency in my home country, I must vacate the apartment as soon as possible as I even have a flight booked, etc. However, the representative at the company mentioned that I am liable since I did sign a 14 month lease contract and I must write and post a letter of cancellation.

I'm planning to go on Monday to de-register from my local Canton, and as I've read in other threads, most contracts can be nullified with the document I obtain from the Canton. My question is the following: If I pack up, clean my apartment, post back the keys and the cancellation letter along with a copy of my de-reregistration and leave, what can/would/possibly happen? What's the worst case scenario? If I ever come back to Switzerland (even to visit) would I be allowed? Also, would I still get my deposit back? I'm really confused as the contract itself is in German and Google Translate doesn't do the best in translating it. Any advice would be great!
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  #72  
Old 14.02.2015, 21:11
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Re: Urgent advice needed for early termination of apartment lease

Worst case scenario is that you keep paying rent until they find a new tenant, or the full period of the contract. Normally it is your responsibility to find a new tenant unless you give notice based on the contract rules. I would be asking the landlord to provide, in writing, instructions on what they want you to do... Before you skip the country.

There must be a handover document completed with the landlord. It is not good enough to just tidy up and post back the keys. If you do not do this, they can claim all sorts of costs based on 'poor condition' of the apartment and take all your deposit and more...

First step would be to send a registered letter giving notice, stating your departing date, that your employment has been terminated and that youmare unable to remain in Switzerland, and asking them to write back to you urgently to finalise the apartment and to confirm what they expect you to do.

Best case they accept your notice, you do the handover properly before you leave, and they bill you for the effort of advertising and getting a new tenant in, and you lose some or all of your deposit, possibly more, plus the monthly rent for the time it takes them to find someone new.
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  #73  
Old 14.02.2015, 21:16
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Re: Urgent advice needed for early termination of apartment lease

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Worst case scenario is that you keep paying rent until they find a new tenant, or the full period of the contract. Normally it is your responsibility to find a new tenant unless you give notice based on the contract rules. I would be asking the landlord to provide, in writing, instructions on what they want you to do... Before you skip the country.

There must be a handover document completed with the landlord. It is not good enough to just tidy up and post back the keys. If you do not do this, they can claim all sorts of costs based on 'poor condition' of the apartment and take all your deposit and more...

First step would be to send a registered letter giving notice, stating your departing date, that your employment has been terminated and that youmare unable to remain in Switzerland, and asking them to write back to you urgently to finalise the apartment and to confirm what they expect you to do.

Best case they accept your notice, you do the handover properly before you leave, and they bill you for the effort of advertising and getting a new tenant in, and you lose some or all of your deposit, possibly more, plus the monthly rent for the time it takes them to find someone new.
Fair enough, however if I am permanently leaving the country I'm also closing my bank accounts, so how would they withdraw monthly payments? After a brief conversation over email with the company, the representative simply mentioned that they offer a service for CHF 500 which covers costs to put advertisements and find a new tenant, however I am still liable under the contract.

Hypothetically speaking, OK fine, I would be hit hard with loosing the deposit, but if I cease my bank accounts in Switzerland and my original deposit made from Canada was through a wire transfer, how could they bill me? What if I have a change of address back in Canada as well? If I ever visit back to Switzerland, as absurd as this question is, would I be stopped at the airport, etc?
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Old 14.02.2015, 21:40
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Re: Advise on opting out of rental lease

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What is the point of a contract that's not worth the paper it's written on? I think it's more that other countries are lax.
I would say 6 months notice is very harsh, which is why you would not find this often in other countries.
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Old 14.02.2015, 21:42
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Re: Urgent advice needed for early termination of apartment lease

Depends. They could get a court order against you for unpaid bills (rent)which could cause you a problem if you come back to Switzerland again, even for a visit.

As you paid the deposit by wire transfer I'd look at doing the same for any monthly rent you still owe until a new tenant can take over.

Make sure the cancellation letter is sent by registered post so you have a record of it being delivered. The Swiss are fussy about this sort of thing, phone calls and e-mails don't count.
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Old 14.02.2015, 21:52
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Re: Urgent advice needed for early termination of apartment lease

Court order on a visit, meaning at the airport they could just cuff me?
I've emailed the company to see if I can negotiate something mutual based on my situation, so I hope by Monday they can figure something out. Would there be any chance I might get my deposit fully or partially back at all?


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Depends. They could get a court order against you for unpaid bills (rent)which could cause you a problem if you come back to Switzerland again, even for a visit.

As you paid the deposit by wire transfer I'd look at doing the same for any monthly rent you still owe until a new tenant can take over.

Make sure the cancellation letter is sent by registered post so you have a record of it being delivered. The Swiss are fussy about this sort of thing, phone calls and e-mails don't count.
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Old 14.02.2015, 22:08
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Re: Advise on opting out of rental lease

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I would say 6 months notice is very harsh, which is why you would not find this often in other countries.
Harsh or not - 6 months notice are perfectly legal - Art. 266 a and c Civil Code.
If OP didn't like those 6 months in the contract, OP shouldn't have signed it. If you doubt something is legal in a contract, make sure you know what you're signing before you sign and not after.
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Old 14.02.2015, 22:17
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Re: Advise on opting out of rental lease

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Harsh or not - 6 months notice are perfectly legal - Art. 266 a and c Civil Code.
If OP didn't like those 6 months in the contract, OP shouldn't have signed it. If you doubt something is legal in a contract, make sure you know what you're signing before you sign and not after.
I said it was harsh, not illegal. It's what many people would consider an unfair contract clause. Sometimes you have little choice but to agree to an unfair clause. Doesn't mean you don't have the right to complain how harsh it is. Like having 2 fixed moving dates a year is harsh and doesn't exist in other countries. Finding an apartment is difficult so you sign it or have no apartment.

The OP is not trying to break the contract. They simply stated it was harsh.
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Old 14.02.2015, 23:18
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Re: Advise on opting out of rental lease

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I said it was harsh, not illegal. It's what many people would consider an unfair contract clause. Sometimes you have little choice but to agree to an unfair clause. Doesn't mean you don't have the right to complain how harsh it is.
Yeah, it pretty much does. You sign it, you live with it...
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Old 15.02.2015, 02:38
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Re: Urgent advice needed for early termination of apartment lease

samb23

the world is a small place, and Canada is not inaccessible, from Switzerland. If I were in your shoes, I would not contemplate reneging on a signed contract. That would only lead to trouble, one way or another, and you would always know that you had gone agains your own word. You have a full responsibility to live up to what you said (and signed) that you would do, i.e. pay until the lease is over.

HOWEVER, there are ways to act legally and ethically and still get out of the deal.

If you
- find a substitute tenant (one who is more or less like you, i.e. not a single person if you're a family of 5, nor vice versa). and
- document that he/she is able to pay the rent, and
- get him/her to sign a form (I think you can download a standard one from the tenant's association https://www.mieterverband.ch/) stating that he/she is ready and willing to take over your lease at the same conditions you now have...

and then you submit
- all of his/her documents
- together with your request to be released from the lease....
by registered snail-mail to your landlord
THEN the landlord has to let you go. Get this release in writing!

The landlord is free, of course, to accept or reject the substitute tenant you suggest, and may prefer to find his/her own new tenant. But the fact of your presenting a real substitute for yourself must count as sufficient to release you from the contract.

Please check in your canton: I don't know for sure, but I have heard that in some cantons it suffices to bring one replacement tenant, and in other cantons two are required.

Also, there are two (or is it three) other detailed, and recent, threads on this topic in this forum, with helpful explanations of what could happen to you, and also practical advice on how to take steps to set yourself free the proper way.
This thread: http://www.englishforum.ch/housing-g...tal-lease.html
links to the others.
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