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Old 11.03.2015, 21:32
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Notice period for flat

Hi Guys,

We would like to find a new flat and cancel the contract with the current owner.
In the contract is a clause stating following:
KŁndigung: 3 months in the end of month
Mietdauer: mit minimaler Laufzeit, erstmals kŁndbar auf den 30.11.2015.

My question is if we are not allowed to move out before 30 November or if we want to move out, we have to give a 3 months notice?

Thank you!
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Old 11.03.2015, 21:39
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Re: Notice period for flat

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Hi Guys,

We would like to find a new flat and cancel the contract with the current owner.
In the contract is a clause stating following:
KŁndigung: 3 months in the end of month
Mietdauer: mit minimaler Laufzeit, erstmals kŁndbar auf den 30.11.2015.

My question is if we are not allowed to move out before 30 November or if we want to move out, we have to give a 3 months notice?

Thank you!
Notice period for apartment [Kundigungsfrist]: moving out before the 3 months notice
Help! Can someone tell me what this means?
http://www.englishforum.ch/housing-g...ent-lease.html

You're a newbie but please - Use the search function
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Old 11.03.2015, 21:41
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Re: Notice period for flat

You have to give 3 months notice but you have a minimum rental period which runs until November 30th 2015 so you can't leave before then.

It may be possible to leave earlier if you find a suitable replacement tenant but you'd have to clarify that with your landlord/agency unless it's specifically mentioned in your contract.
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Old 11.03.2015, 21:45
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Re: Notice period for flat

My German is not fab, but I think there are two parts to consider. You need to give 3 months' notice in order to leave the flat no matter when you leave. If you wish to leave before November 30 as stated in the contract then you need to give 3-months' notice AND find a replacement tenant.

Edit - Belgianmum types faster. :P
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Old 11.03.2015, 21:53
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Thank you for your quick replies!

I dont see in the contract anyware stated that i will need to find a new tenant.

The ideal answer would be off course that i can cancel the contract anytime by giving a 3 months notice.

Last edited by 3Wishes; 11.03.2015 at 22:09. Reason: merging successive posts
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Old 11.03.2015, 21:58
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Re: Notice period for flat

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The ideal answer would be off course that i can cancel the contract anytime by giving a 3 months notice.
That would be the case after November but you have a minimum contract length ( probably a year as that's pretty standard) which doesn't expire until then so you're out of luck I'm afraid.
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Old 11.03.2015, 22:01
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Re: Notice period for flat

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Thank you for your quick replies!

I dont see in the contract anyware stated that i will need to find a new tenant.
Unless you want to keep paying the rent until the end of November - even if you've moved to another place - you find a new tenant. If you can afford to pay two rents, go ahead and leave early without getting a new tenant to take over your lease. Not many either want to do that or can afford it.
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Old 11.03.2015, 22:06
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Re: Notice period for flat

Evening disappointment
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Old 11.03.2015, 22:17
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Re: Notice period for flat

It's the way things are done here. Be glad your contract doesn't specify specific "official" moving dates as well. Most cantons have them; here in Fribourg they're 30th March and 30th September. Contracts tend to be geared around them so your 30th November is an oddity in that respect.
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Old 11.03.2015, 22:22
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Re: Notice period for flat

But if i understood correctly i can move out if i can find tenants who will move in instead of us?
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Old 11.03.2015, 22:31
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Re: Notice period for flat

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But if i understood correctly i can move out if i can find tenants who will move in instead of us?
That is normally the case but you should double check with your landlord/agency.
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Old 11.03.2015, 22:36
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Re: Notice period for flat

Your contract indicates that the earliest termination is end November- so in this case, even finding a new tenant may not be acceptable, I'm afraid- you need to check with them. As said before, I would advise every single tenant in Switzerland to join Asloca (in Romandie) or Mietverband (in Germand part) right from the start- so you always have expert advice on hand. It is cheap and a great source of legal and practical info for all tenants.
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Old 11.03.2015, 22:53
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Re: Notice period for flat

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Your contract indicates that the earliest termination is end November- so in this case, even finding a new tenant may not be acceptable, I'm afraid- you need to check with them. As said before, I would advise every single tenant in Switzerland to join Asloca (in Romandie) or Mietverband (in Germand part) right from the start- so you always have expert advice on hand. It is cheap and a great source of legal and practical info for all tenants.
Replacement tenants have to be accepted by the landlord if they're suitable and if they accept precisely the current tenant's apartment lease terms. Meaning that the landlord is required to accept any replacement tenant if the replacement tenant is suitable and if he accepts to enter the contract with the earliest possible termination date of 30 Nov 2015.

Joining Asloca is something a tenant should do indeed - and not only when problems arise, but as soon as one knows they'll be entering a rental lease in Switzerland.
Note that Asloca will not pay for a lawyer if you haven't been a member for at least three months before the incident which requires a lawyer occurred.
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Old 12.03.2015, 10:04
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Re: Notice period for flat

Last year when I first arrived I signed a rental contract (1 year) for a flat and then soon after changed my mind and found an alternative place.. (luckily the new place was flexible in terms of moving in date).

I searched for a new tenant and found 4-5 pretty quickly - showed them around the flat, asked them to send me the application documents. Then I just sent the documents to my landlord, he picked a good tenant and I ended my contract after just 5 months.

As far as I understand, you are obliged to provide at least 1 alternative solvent tenant who is willing to take over the exact same contract. Best to provide a few so that the landlord has a choice.
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