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  #101  
Old 15.02.2015, 19:36
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Re: Urgent advice needed for early termination of apartment lease

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you get run over by a skoda.
Do they have Skodas in Canada?

Tom
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  #102  
Old 15.02.2015, 19:46
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Re: Urgent advice needed for early termination of apartment lease

It is possible to cancel a lease contract with three months notice period if its continuation can be view as "unzumutbar". If I were you I would contact Mieterverband and ask them advice on whether or not your situation would likely qualify as unzumutbar. OR 266g

http://www.admin.ch/ch/e/rs/220/a266g.html
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  #103  
Old 15.02.2015, 20:07
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Re: Urgent advice needed for early termination of apartment lease

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It is possible to cancel a lease contract with three months notice period if its continuation can be view as "unzumutbar". If I were you I would contact Mieterverband and ask them advice on whether or not your situation would likely qualify as unzumutbar. OR 266g

http://www.admin.ch/ch/e/rs/220/a266g.html
http://www.hev-zuerich.ch/der_zuerch...-201208_09.htm

For that reason to validate termination of a lease, the landlord must be notified of the reason at the time of termination (in the lease cancellation letter) and that the notice given is extraordinary and not ordinary. Notice period for this type of termination of a lease is, from what I understand, three months (the legal notice period).

http://www.admin.ch/ch/e/rs/220/a266g.html
http://www.admin.ch/ch/e/rs/220/a266c.html
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  #104  
Old 15.02.2015, 20:09
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Re: Urgent advice needed for early termination of apartment lease

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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.
Oh, and we got our full deposit back!
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  #105  
Old 15.02.2015, 20:29
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Re: Advise on opting out of rental lease

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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.
The authoritative source for this is, Art 266a OR (http://www.admin.ch/opc/de/classifie...dex.html#a266a) by the way.

Additionally, Art 266g (http://www.admin.ch/opc/de/classifie...dex.html#a266g) specifies that for important reasons (...) it is permitted by law to cancel a rental contract with three months notice, towards any arbitrary contract end date. A judge then decides on the financial consequences of this.

Taking the wording of the law literally would, for instance, allow cancellation as of today plus exactly three months. Before relying on that, though, just talk to some expert ("Mieterverband") how this really works.
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  #106  
Old 15.02.2015, 21:51
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Re: Urgent advice needed for early termination of apartment lease

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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!

Legally you need to provide one solvable person who is willing to take the contract over at the EXACT SAME conditions, ie same deposit, same terms, same rental amount.

You agreed to find 5 prospective tennants AND paid for 2 weeks rent as you moved out early.

Where's the great deal, am i missing something ?
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  #107  
Old 15.02.2015, 22:21
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Re: Urgent advice needed for early termination of apartment lease

Hi
I am very interested in visiting the apartment at 4pm or 4.30pm tomorrow if it is possible for you
Thanks to get in touch !
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  #108  
Old 16.02.2015, 00:24
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Re: Urgent advice needed for early termination of apartment lease

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Legally you need to provide one solvable person who is willing to take the contract over at the EXACT SAME conditions, ie same deposit, same terms, same rental amount.

You agreed to find 5 prospective tennants AND paid for 2 weeks rent as you moved out early.

Where's the great deal, am i missing something ?
Perhaps the amount due to the landlord and the number of tenants necessary to satisfy the landlord was less (hassle) than the amount which Styger would've had to shell out for a flight into CH (just for the handover) and back to a different country, not to mention hotel prices for one night's stay after the handover?

Last edited by glowjupiter; 16.02.2015 at 00:36.
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  #109  
Old 16.02.2015, 09:48
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Re: Urgent advice needed for early termination of apartment lease

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Perhaps the amount due to the landlord and the number of tenants necessary to satisfy the landlord was less (hassle) than the amount which Styger would've had to shell out for a flight into CH (just for the handover) and back to a different country, not to mention hotel prices for one night's stay after the handover?
Yes, at that stage we were fairly new in CH - did not know the rules or laws in leasing and for us it was far more beneficial to compromise as moving ASAP saved us a lot of money, effort and stress. Had we disagreed and the lanlord got his back up we possibly would have had to persue legal advice and would certainly have not got our full deposit back (a few small issues were waivered and he could have created other issues!) and we left with a positive reference from the landlord which is also beneficial in the future.

I am sure there are others who could offer better, legal advice - I am just suggesting a quick, hassle free solution based on my experience that seemed much better than what the OP was proposing - to just up and leave and post the keys to the uninformed landlord.
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  #110  
Old 16.02.2015, 09:53
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Re: Urgent advice needed for early termination of apartment lease

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Perhaps the amount due to the landlord and the number of tenants necessary to satisfy the landlord was less (hassle) than the amount which Styger would've had to shell out for a flight into CH (just for the handover) and back to a different country, not to mention hotel prices for one night's stay after the handover?

Maybe, but as he says he moved several times in CH.....

I jsut can't see his angle, he had to find 5 prospectives, not one, he moved oput 2 weeks early to "help" the landlord. This is all well above the leagal requirement so absolutely no advantage to the OP !
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  #111  
Old 16.02.2015, 10:39
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Re: Urgent advice needed for early termination of apartment lease

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It is possible to cancel a lease contract with three months notice period if its continuation can be view as "unzumutbar". If I were you I would contact Mieterverband and ask them advice on whether or not your situation would likely qualify as unzumutbar. OR 266g

http://www.admin.ch/ch/e/rs/220/a266g.html
I don't think OR266g applies here.
See OR266a1:
"The parties may give notice to terminate [..] except where they have agreed a longer notice period or a different termination date."

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Maybe, but as he says he moved several times in CH.....

I jsut can't see his angle, he had to find 5 prospectives, not one, he moved oput 2 weeks early to "help" the landlord. This is all well above the leagal requirement so absolutely no advantage to the OP !
With an ordinary 3-month notice period the conditions mentioned by Styger would indeed not be that favorable, not worth agreeing on in most cases. So probably he would have had to pay more than 3 months after moving out.

Last edited by Urs Max; 16.02.2015 at 10:50.
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  #112  
Old 16.02.2015, 14:38
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Re: Urgent advice needed for early termination of apartment lease

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Maybe, but as he says he moved several times in CH.....

I jsut can't see his angle, he had to find 5 prospectives, not one, he moved oput 2 weeks early to "help" the landlord. This is all well above the leagal requirement so absolutely no advantage to the OP !
Who says that? I'm lost. OP just moved to Switzerland in December and I don't think he's moved several times...
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  #113  
Old 16.02.2015, 14:47
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Re: Urgent advice needed for early termination of apartment lease

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Who says that? I'm lost. OP just moved to Switzerland in December and I don't think he's moved several times...
He's referring to Styger and his posts on this thread, not the OP.

It does get quite confusing when a reply contains a quote which references an earlier post which is not quoted as the context is lost.

Last edited by Belgianmum; 16.02.2015 at 14:59.
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  #114  
Old 16.02.2015, 23:06
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Changing cantons - can I terminate my lease early?

Say, I have 6 months left to reach the résiliation period of my contract, if so under what circumstances can I terminate the contract aside from the apparent reasons, of finding a replacement candidate or paying for the remainder of the contract as a liquidated damage?

I say this, because I got an offer to work in Geneva but I have a contract I must honour till August.

EDIT; someone pls fix da title

Last edited by vribium; 16.02.2015 at 23:08. Reason: typo
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  #115  
Old 16.02.2015, 23:07
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Re: does changing cantons qualify a tenant to terminate a rent contract before the du

As leaving the country doesn't get you out of your contract, I very much doubt leaving the canton would.
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  #116  
Old 16.02.2015, 23:11
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Re: Changing cantons - can I terminate my lease early?

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...EDIT; someone pls fix da title
Fixed. And nope, changing cantons doesn't get you out from under your obligations. You'll need to find someone to take over your lease, or keep paying the rent.
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  #117  
Old 16.02.2015, 23:16
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Re: Changing cantons - can I terminate my lease early?

Couldn't you commute from Lausanne to Geneva until your contract is terminated? Unless you're obliged to live and work in the same canton due to your permit status.
It may take six months for you to find an appartment in Geneva anyway.
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  #118  
Old 16.02.2015, 23:20
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Re: Changing cantons - can I terminate my lease early?

Greate this is my luck, I finally find a job and this happens.
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  #119  
Old 16.02.2015, 23:24
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Re: Changing cantons - can I terminate my lease early?

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Couldn't you commute from Lausanne to Geneva until your contract is terminated? Unless you're obliged to live and work in the same canton due yo your permit status.
It may take six months for you to find an appartment in Geneva anyway.
I'm in Montreux
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  #120  
Old 16.02.2015, 23:31
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Re: Changing cantons - can I terminate my lease early?

It's only an hour on the train… that's doable until you find a replacement tenant!
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