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-   -   Leaving a WG, what are my rights? (https://www.englishforum.ch/housing-general/238573-leaving-wg-what-my-rights.html)

robbiesides 11.08.2015 17:42

Leaving a WG, what are my rights?
 
Hi All,

i wanted to get some advice if possible on my rights as a tenant in a WG here in Zurich.

My current situation is as follows.

Im currently unemployed and on the RAV. The RAV alerted me to a possibility to export my last remaining 3 months entitlement back to the UK to find a job there. I have applied for this for the 1st Sept to use up exactly my last 3 months of RAV entitlement. It is yet to be approved (meeting on 18th). If all goes ahead then i will need to be in the UK on 1st Sept to enrol with job seekers there.

This means i need to move out of my flat at some point towards the end of the month.

I have told the current leaseholder of my plans, admittedly without much notice (07.08.15) that i'll be leaving. Its a WG, with 3 bedrooms. Ive advertised the apartment on WG Zimmer and am trying as hard as possible to get someone in suitable as soon as possible to take over my room. I have said to the leaseholder that i understand it will be very difficult to get someone in for the 1st sep at this notice especially as she leaves for 2 week vacation on Friday this week! We'll give it our best shot! if we don't manage to get a new tenant for Sept 1st then i have said i will pay rent as normal even though i wont be there. I'm not out to stitch anyone up and have told the leaseholder that.

Here's the interesting part!

I have no verbal or written contract with the current leaseholder. For whatever reason we never made one. I have contracts with the previous 2 leaseholders but not the current one. I assume those contracts are dissolved once that person cancels their contract with the main leasehold?

I just want to know my rights in this current far from ideal situation.

Any help would be greatly appreciated.

Many thanks in advance

Rob

Snoopy 11.08.2015 20:08

Re: Leaving a WG, what are my rights?
 
It doesn't matter whether you had a written contract or not it would appear. You would need to keep to the usual termination conditions in your region. In Zurich that would probably be three months to the end March, June and September. Of course, if you were able to find a suitable follow-on tenant you would be off the hook.

Here's a link from the Mieterverband in German:

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

Sbrinz 11.08.2015 20:35

Re: Leaving a WG, what are my rights?
 
If your room in the WG is furnished the notice is much shorter, about 2 weeks.

Have you thought of leaving your furniture there and advertising the room as furnished? You might then find a tenant quickly.

Guest 11.08.2015 20:51

Re: Leaving a WG, what are my rights?
 
Quote:

Originally Posted by robbiesides (Post 2431827)
Hi All,

i wanted to get some advice if possible on my rights as a tenant in a WG here in Zurich.

My current situation is as follows.

Im currently unemployed and on the RAV. The RAV alerted me to a possibility to export my last remaining 3 months entitlement back to the UK to find a job there. I have applied for this for the 1st Sept to use up exactly my last 3 months of RAV entitlement. It is yet to be approved (meeting on 18th). If all goes ahead then i will need to be in the UK on 1st Sept to enrol with job seekers there.

This means i need to move out of my flat at some point towards the end of the month.

I have told the current leaseholder of my plans, admittedly without much notice (07.08.15) that i'll be leaving. Its a WG, with 3 bedrooms. Ive advertised the apartment on WG Zimmer and am trying as hard as possible to get someone in suitable as soon as possible to take over my room. I have said to the leaseholder that i understand it will be very difficult to get someone in for the 1st sep at this notice especially as she leaves for 2 week vacation on Friday this week! We'll give it our best shot! if we don't manage to get a new tenant for Sept 1st then i have said i will pay rent as normal even though i wont be there. I'm not out to stitch anyone up and have told the leaseholder that.

Here's the interesting part!

I have no verbal or written contract with the current leaseholder. For whatever reason we never made one. I have contracts with the previous 2 leaseholders but not the current one. I assume those contracts are dissolved once that person cancels their contract with the main leasehold?

I just want to know my rights in this current far from ideal situation.

Any help would be greatly appreciated.

Many thanks in advance

Rob

As you probably are renting a furnished room in a WG rather than an unfurnished one, notice period is two weeks rather than three months.
See full thread for further info

Giving notice is possible at the end of each month. Art. 266e of the Code of Obligations

So, give notice on Aug 31st (meaning, give notice in writing by registered mail nine days before the 31st of August or hand the written notice over to the person you're renting from before the 31st and request immediate written confirmation of receipt of the notice from said person.

Meaning, you can be out of the lease by Sept 15th if the room is unfurnished and you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.



If the room is furnished, proceed the same regarding giving notice before Aug 31st, and you will be out of the lease by Dec 1st if you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.


HTH

robbiesides 11.08.2015 21:00

Re: Leaving a WG, what are my rights?
 
Hi guys,

Thank you all for the responses. i'm a bit more clued up on it now. The room was unfurnished when i moved in and i bought all new furniture. I don't think i want to leave it all here but if the situation becomes a problem then i would think about it.

I'm really hoping to find the right person to move in asap!

Thanks again

Rob

Guest 11.08.2015 21:12

Re: Leaving a WG, what are my rights?
 
Quote:

Originally Posted by robbiesides (Post 2431914)
Hi guys,

Thank you all for the responses. i'm a bit more clued up on it now. The room was unfurnished when i moved in and i bought all new furniture. I don't think i want to leave it all here but if the situation becomes a problem then i would think about it.

I'm really hoping to find the right person to move in asap!

Thanks again

Rob

Since the room wasn't rented to you as a furnished room but you furnished it yourself, your notice period is three months. So search for a replacement tenant ASAP (here on EF, on noticeboards in shops, at your place of work etc. etc.) and arrange as many viewings as possible (best to invite multiple people at once rather than only one person at a time).


Good luck.

CH_Greg 12.08.2015 08:50

Re: Leaving a WG, what are my rights?
 
Quote:

Meaning, you can be out of the lease by Sept 15th if the room is furnished and you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.



If the room is unfurnished, proceed the same regarding giving notice before Aug 31st, and you will be out of the lease by Dec 1st if you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.


HTH
I think you meant this.

Urs Max 12.08.2015 09:46

Re: Leaving a WG, what are my rights?
 
Quote:

Originally Posted by robbiesides (Post 2431827)
I have no verbal or written contract with the current leaseholder. For whatever reason we never made one. I have contracts with the previous 2 leaseholders but not the current one. I assume those contracts are dissolved once that person cancels their contract with the main leasehold?

AFAIK, cancellation must be in written form, even if there's only a verbal contract.

I think that, since you didn't sign a follow-on contract and the most recent contract you signed with the predecessor presumably never got cancelled, the contract was implicitly taken over by the current leaseholder - he simply replaced his predecessor. This would be supported by unchanged sublease conditions, in particular rent amount and your room and rights.

Other than that, it's correct to say that unfurnished single rooms, especially if you have your own WC, come with a 3 month cancel period. But you can only cancel by the "ortsübliche Kündigungstermin" (default local cancel date?), wich for Zürich are end of march and september. So by that you'd have to pay rent until end of march 2016. Contact your local "Schlichtungsbehörde" to make sure these dates are actually correct, they can be found here (you need to allow popups). Additionally, if the main rent contract comes with more cancel dates, perhaps these apply (this is my personal guess).

swamp rat 12.08.2015 11:32

Re: Leaving a WG, what are my rights?
 
Quote:

As you probably are renting a furnished room in a WG rather than an unfurnished one, notice period is two weeks rather than three months.
See full thread for further info

Giving notice is possible at the end of each month. Art. 266e of the Code of Obligations

So, give notice on Aug 31st (meaning, give notice in writing by registered mail nine days before the 31st of August or hand the written notice over to the person you're renting from before the 31st and request immediate written confirmation of receipt of the notice from said person.

Meaning, you can be out of the lease by Sept 15th if the room is unfurnished and you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.



If the room is furnished, proceed the same regarding giving notice before Aug 31st, and you will be out of the lease by Dec 1st if you don't find a replacement tenant for yourself who'd take over the lease at an earlier date.


HTH
Just to clarify, if you are renting a furnished room, you only have to give 2 weeks notice, but the move out date still has to be the last day of the month rather than any date of your choice.

"A party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks' notice expiring at the end of a one-month period of the lease."

Guest 12.08.2015 20:24

Re: Leaving a WG, what are my rights?
 
Quote:

Originally Posted by Urs Max (Post 2432084)
AFAIK, cancellation must be in written form, even if there's only a verbal contract.

Correct. Also better to have something in writing in case things go pear-shaped at the handover.

Quote:

Originally Posted by swamp rat (Post 2432164)
Just to clarify, if you are renting a furnished room, you only have to give 2 weeks notice, but the move out date still has to be the last day of the month rather than any date of your choice.

"A party may terminate the lease of furnished rooms, a separately rented parking space or other comparable facility by giving two weeks' notice expiring at the end of a one-month period of the lease."

That's what I said :rolleyes:

Castro 12.08.2015 20:27

Re: Leaving a WG, what are my rights?
 
What's a WG? :confused:

Guest 12.08.2015 20:28

Re: Leaving a WG, what are my rights?
 
Quote:

Originally Posted by Castro (Post 2432453)
What's a WG? :confused:

Wohngemeinschaft = shared living space = shared flat aka roommates ;)

robbiesides 13.08.2015 00:03

Re: Leaving a WG, what are my rights?
 
Hi guys,

Thanks again for the responses, you've all been very helpful. We are proceeding nicely and hopefully the new tenant moves in 1st Oct and i'm off the hook!!

Thanks again

Rob


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