Go Back   English Forum Switzerland > Help & tips > Housing in general
Reply
 
Thread Tools Display Modes
  #81  
Old 15.02.2015, 03:25
Forum Legend
 
Join Date: Nov 2009
Location: Vaud
Posts: 2,900
Groaned at 97 Times in 46 Posts
Thanked 1,932 Times in 921 Posts
Anthony1406 has a reputation beyond reputeAnthony1406 has a reputation beyond reputeAnthony1406 has a reputation beyond reputeAnthony1406 has a reputation beyond reputeAnthony1406 has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

just sublease it/replacement tenant.
Moving time is April so EVERYONE and their mother will be looking for a place. Put in a tat bit of effort and it will be rented out very quickly
Reply With Quote
  #82  
Old 15.02.2015, 04:12
Newbie 1st class
 
Join Date: Aug 2014
Location: Bern
Posts: 28
Groaned at 2 Times in 1 Post
Thanked 4 Times in 3 Posts
samb23 has no particular reputation at present
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
just sublease it/replacement tenant.
Moving time is April so EVERYONE and their mother will be looking for a place. Put in a tat bit of effort and it will be rented out very quickly

This would be ideal but due to a serious family emergency I must leave this week and that's the problem. I've put an ad up here on EF nonetheless.
Reply With Quote
  #83  
Old 15.02.2015, 07:15
Newbie 1st class
 
Join Date: Mar 2013
Location: Zurich / Bern
Posts: 21
Groaned at 0 Times in 0 Posts
Thanked 42 Times in 17 Posts
timpb has earned some respecttimpb has earned some respect
Re: Urgent advice needed for early termination of apartment lease

Hi Sam,

I read through your previous posts to get a better sense of your situation. If you could elaborate, people might be able to give you better advice.

Why are you leaving? Is it because you were terminated, or because of a family emergency? You mention both.

If there's an immediate family emergency in Canada, flying back for it then flying back here to settle things may cost you less than just not dealing with stuff here.

Who terminated the contract - If it's after a month (not within a month) there's usually a termination period that in your situation would be 30 days to the end of the month.. so mid January termination would mean you should get paid till the end of February. If you quit, then it's different.

Are you never coming back to Switzerland? Here you mention closing accounts and just not paying obligations, but in previous posts, you were talking about moving here and marrying your fiancee. If she's around, get her to help you put ads up in German on sites more widely read than English Forum - it looks like a nice apartment and especially if stuff is thrown in for free you should be able to find someone to take it over. Getting someone to take it over is really the only ok outcome I see.

If your relationship ended, and you decided you don't like it here so quit your job and booked a flight before sorting things out, that's a pretty poor reason to get out of a rental contract. It also reinforces a bias against hiring or renting to foreigners which works against a lot of members of this forum.

Best of luck.
Reply With Quote
The following 2 users would like to thank timpb for this useful post:
  #84  
Old 15.02.2015, 11:37
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 5,171
Groaned at 630 Times in 409 Posts
Thanked 6,039 Times in 2,895 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
I would say 6 months notice is very harsh, which is why you would not find this often in other countries.

Lets make it 1 month, but 1 month for both parties
Reply With Quote
  #85  
Old 15.02.2015, 11:42
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 5,171
Groaned at 630 Times in 409 Posts
Thanked 6,039 Times in 2,895 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
This would be ideal but due to a serious family emergency I must leave this week and that's the problem. I've put an ad up here on EF nonetheless.

You need to get your story straight, family emergency or emplyoment terminaition.

Why in either case the Landlord needs to suffer because of your problems i really cannot understand. You signed the contract so man up and honour it.

Yes, theoretically you could have problems if you came back here and potentially anywhere in Schengen area although this is unlikely, you should myabe consider it.
Reply With Quote
This user would like to thank Today only for this useful post:
  #86  
Old 15.02.2015, 11:45
Newbie 1st class
 
Join Date: Feb 2015
Location: Geneva
Posts: 11
Groaned at 1 Time in 1 Post
Thanked 3 Times in 1 Post
themeditator has no particular reputation at present
Re: Urgent advice needed for early termination of apartment lease

I have heard it is quite difficult however hope it works out for you asap
Reply With Quote
  #87  
Old 15.02.2015, 12:01
miniMia's Avatar
Forum Legend
 
Join Date: Apr 2007
Location: romandie
Posts: 9,575
Groaned at 96 Times in 87 Posts
Thanked 8,345 Times in 4,175 Posts
miniMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
Lets make it 1 month, but 1 month for both parties
Exactly! Can you imagine if I had rented my house out to a family with kids in school then I give them one months notice to get out? That would be harsh.
Reply With Quote
The following 3 users would like to thank miniMia for this useful post:
  #88  
Old 15.02.2015, 14:06
Member
 
Join Date: Aug 2011
Location: Risch
Posts: 182
Groaned at 2 Times in 2 Posts
Thanked 104 Times in 72 Posts
KiwiSteve is considered knowledgeableKiwiSteve is considered knowledgeableKiwiSteve is considered knowledgeable
Re: Advise on opting out of rental lease

I would not give up hope of finding a replacement tenant; you can compare the various online sites (homegate etc) for the cost of a listing.
We have twice had to find tenants -it worked in the pre-internet days
Cards in shops or the Fachhochschule in Wädenswil may work.
Good luck
Reply With Quote
  #89  
Old 15.02.2015, 14:28
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
just sublease it/replacement tenant.
Moving time is April so EVERYONE and their mother will be looking for a place. Put in a tat bit of effort and it will be rented out very quickly
Be very careful about that - subleases can be prohibited by the landlord if the tenant (OP) doesn't intend to return to his apartment at one point! Landlords can't prohibit subleases in most cases, but this would be one of them.

https://www.mieterverband.ch/mv/miet...am-wohnen.html

Therefore the new tenant you should be looking for should be a replacement tenant and not a subtenant.

Last edited by glowjupiter; 15.02.2015 at 14:43.
Reply With Quote
The following 3 users would like to thank glowjupiter for this useful post:
  #90  
Old 15.02.2015, 14:40
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
Exactly! Can you imagine if I had rented my house out to a family with kids in school then I give them one months notice to get out? That would be harsh.
And illegal.

"Unbedingt eingehalten werden muss zudem die Kündigungsfrist, die bei Wohnungen mindestens drei, bei Geschäftslokalen sechs Monate beträgt."

Source

Translation: One must adhere to the notice period, which is at least three months for residential premises and six months for business premises.

Last edited by glowjupiter; 15.02.2015 at 15:59.
Reply With Quote
  #91  
Old 15.02.2015, 15:51
miniMia's Avatar
Forum Legend
 
Join Date: Apr 2007
Location: romandie
Posts: 9,575
Groaned at 96 Times in 87 Posts
Thanked 8,345 Times in 4,175 Posts
miniMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
And illegal.

"Unbedingt eingehalten werden muss zudem die Kündigungsfrist, die bei Wohnungen mindestens drei, bei Geschäftslokalen sechs Monate beträgt."

Source
I can't read that as it's in German plus Today_only and I were just making the point that the notice period is for the benefit of both parties, but thanks for the link to the law! It's probably best to turn to that rather than all us smarty pants on EF.
Reply With Quote
This user would like to thank miniMia for this useful post:
  #92  
Old 15.02.2015, 15:55
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
I can't read that as it's in German plus Today_only and I were just making the point that the notice period is for the benefit of both parties, but thanks for the link to the law! It's probably best to turn to that rather than all us smarty pants on EF.
That's what I thought
Added translation to my above post for clarity.
Reply With Quote
This user would like to thank glowjupiter for this useful post:
  #93  
Old 15.02.2015, 16:46
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 7,577
Groaned at 51 Times in 47 Posts
Thanked 11,490 Times in 5,392 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: Urgent advice needed for early termination of apartment lease

As OP is Canadian I'm fairly certain he does not have to leave immediately because of the permit. Canadians can stay in Switzerland up to 90 days out of 180 as tourists. So in theory, he has time to sort things out. However it sounds like there are a couple of things happening at the same time (family emergency and job termination) that are leading to a quick and stressful exit.

OP there's someone who posted on your thread about your flat. Get in touch with him/her soon!
Reply With Quote
  #94  
Old 15.02.2015, 17:13
Samaire13's Avatar
Forum Legend
 
Join Date: Apr 2014
Location: CH
Posts: 3,485
Groaned at 83 Times in 68 Posts
Thanked 5,437 Times in 2,089 Posts
Samaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Gotta love that a (supposed) grown-up signs a contract he obviously didn't understand, was then clearly denied an early change of said contract and thinks the best idea is to just "pack up and leave", while of course hoping to still get the deposit back And then they wonder why landlords are (rumored to be) hesitant renting out to foreigners on limited L permits

Also, you might want to get your story straight. First it was a termination (after two months?!) and suddenly it's a "family emergency"?

It's not the landlord's problem that your contract was terminated. Or that you have that supposed family emergency.

If you just leave, you will certainly not get a cent back of your deposit as you obviously still owe rent. A contract is not a meaningless piece of paper. You are LEGALLY OBLIGED to pay the rent. Simple as that. If they don't want to let you out of your contract, they have every right to do so.

Since we're speaking about a lease of 14 months and you were only there 2.5, it is a substantial amount of money so I wouldn't be surprised if they hunted you down in Canada to pay up what you owe. If that doesn't happen, consider yourself lucky, but don't be surprised if you're facing problems re-entering Switzerland at any point in the future.

I have my doubts you'll take any of the advice here seriously since you're leaving anyway, but the best bet is to find a replacement tenant (i.e. not a subtenant). And yes, it is your obligation to look for one.
Reply With Quote
The following 2 users would like to thank Samaire13 for this useful post:
  #95  
Old 15.02.2015, 17:19
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
the best bet is to find a replacement tenant (i.e. not a subtenant).
like I said above

Quote:
And yes, it is your obligation to look for one.
I doubt it'll be easy to find a replacement tenant who'll sign a lease for at least the remaining 11.5 months of the contract's duration - but that's a risk OP will have to face and if he can't find a replacement tenant he'll indeed be liable for another 11.5 months of rent.
Reply With Quote
The following 2 users would like to thank glowjupiter for this useful post:
  #96  
Old 15.02.2015, 19:04
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 5,171
Groaned at 630 Times in 409 Posts
Thanked 6,039 Times in 2,895 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
And illegal.

"Unbedingt eingehalten werden muss zudem die Kündigungsfrist, die bei Wohnungen mindestens drei, bei Geschäftslokalen sechs Monate beträgt."

Source

Translation: One must adhere to the notice period, which is at least three months for residential premises and six months for business premises.
I never said it was legal, if this was the way you interpreted it, then i cannot do much about it.

My point was, a lot of people here have the conception that if they want to break a contract for what ever reason, then it should be ok and the injured party should just smile, provide Kleenex and all is forgiven.

Swiss law is harsher than some of the liberal based laws in other European countries, but it is usualy fair and similar to both parties.

How is the law to breaking a contract in the US or Cananda ?
Reply With Quote
  #97  
Old 15.02.2015, 19:14
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Advise on opting out of rental lease

Quote:
View Post
I never said it was legal, if this was the way you interpreted it, then i cannot do much about it.

My point was, a lot of people here have the conception that if they want to break a contract for what ever reason, then it should be ok and the injured party should just smile, provide Kleenex and all is forgiven.

Swiss law is harsher than some of the liberal based laws in other European countries, but it is usualy fair and similar to both parties.

How is the law to breaking a contract in the US or Cananda ?
I was referring to miniMia's post as should be obvious from my quoting only her post, and not interpreting what you said.
I think anyone who signs a contract should adhere to it.
Reply With Quote
  #98  
Old 15.02.2015, 19:23
Member
 
Join Date: Feb 2014
Location: Rapperswil
Posts: 105
Groaned at 2 Times in 2 Posts
Thanked 127 Times in 51 Posts
Styger has earned some respectStyger has earned some respect
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
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?
I think your focus should not be 'how can I get away with this but rather how can I find a solution to my problem as its my responsibilty that I signed for in a contract' How would you feel if you were the home owner and a tenant tried this with you?

If I may offer a suggestion that worked for me (which has been mentioned a few times on this thread already): Speak to the landlord about arranging a new tenant! When we wanted to break our lease last year the landlord agreed that 1. We would be responsible for giving at least 5 potential tenants and 2. We would move out 2 weeks before the handover to allow him time to make any alterations or fix up anything before the new tenant moved in.

The landlord received 10 applications for our apartment and was happy as he was not out of pocket and we just had to pay CHF 140 odd to advertise on home.ch and a month of double rent (as we agreed to move out before the handover; we had to pay rent at our old and new place). I think this was pretty fair as we were the ones wanting to break the lease! And, we could always use the landlord as a reference should we need to in the future as he was happy with the compromise!

Having done it properly and having a clear conscious is a lot more satisfying that just leaving and thinking you have gotten away with it!
Reply With Quote
The following 5 users would like to thank Styger for this useful post:
  #99  
Old 15.02.2015, 19:31
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 12,378
Groaned at 265 Times in 173 Posts
Thanked 14,701 Times in 6,226 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
what can/would/possibly happen?
you lose your deposit and get a bill for 14 months of rent plus interest and costs and your are pursued through the Canadian courts for this.

EDIT: then you go bankrupt, you wife leaves you for the milkman and you get run over by a skoda. karma's a bitch.
Reply With Quote
The following 2 users would like to thank Phil_MCR for this useful post:
  #100  
Old 15.02.2015, 19:31
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Urgent advice needed for early termination of apartment lease

Quote:
View Post
I think your focus should not be 'how can I get away with this but rather how can I find a solution to my problem as its my responsibilty that I signed for in a contract' How would you feel if you were the home owner and a tenant tried this with you?

If I may offer a suggestion that worked for me (which has been mentioned a few times on this thread already): Speak to the landlord about arranging a new tenant! When we wanted to break our lease last year the landlord agreed that 1. We would be responsible for giving at least 5 potential tenants and 2. We would move out 2 weeks before the handover to allow him time to make any alterations or fix up anything before the new tenant moved in.

The landlord received 10 applications for our apartment and was happy as he was not out of pocket and we just had to pay CHF 140 odd to advertise on home.ch and a month of double rent (as we agreed to move out before the handover; we had to pay rent at our old and new place). I think this was pretty fair as we were the ones wanting to break the lease! And, we could always use the landlord as a reference should we need to in the future as he was happy with the compromise!

Having done it properly and having a clear conscious is a lot more satisfying that just leaving and thinking you have gotten away with it!
Incredibly useful post. Getting out of a contract while staying on good terms with the other party is IMO only feasible if the parties communicate with each other - and not if OP just writes up the termination letter, cleans up and disappears - and the landlord receives the keys and the letter, then tries to visit the flat - possibly thinking that the tenant is still in it - and finds an empty apartment and that the tenant disappeared into thin air.

If I were a landlord/agency and someone tried to pull that on me, that would be the last time I would ever rent something to that person, and I sure wouldn't give positive recommendations for future flats if the tenant were to return to CH in future. I also would be more thorough with the search for excessive damages than I would have been had I and the tenant ended the contract on positive terms.
Remember that landlords and agencies very often ask for recommendations from past landlords/agencies and if they don't get positive feedback from them they won't rent to you, period.
Reply With Quote
This user would like to thank glowjupiter for this useful post:
Reply

Tags
contract, early, handover, lease, leaving apartment early, tenancy, tenant, termination, vaud




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
How hard is it to find someone to take over your lease? RobertS Housing in general 4 16.08.2012 21:49
Want to post a big parcel, post Office says it is too big Sutter Other/general 46 10.12.2010 12:00
Ski? Know your rocker from your camber? Want to write about it? Starskee Sports / Fitness / Beauty / Wellness 4 14.09.2010 18:17
Question about staying through lease after giving early move out notice jmignone Housing in general 4 15.10.2008 18:47
Is it too early to laugh about Maddie? hugh_abu General off-topic 27 02.11.2007 18:17


All times are GMT +2. The time now is 05:59.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0