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Old 22.09.2015, 23:42
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Rental contract exit wording & it's meaning

Dear all,


Sorry to be stupid! Hubbie and I are having a light debate on our rental contract. It reads:


"Kündigung bei unbestimmer Dauer 3-monatlich im voraus auf Ende Marz/ Ende Juni/ Ende September"


Does this mean:
1) End of March, June and September are the dates we should give notice and then we will have 3 months to physically move out. e.g we give notice at the end of September (per mentioned) we can physically move out of our flat in 3 months time?
or
2) We can physically leave only end of March, June or September i.e those are the only times when we can exit the contract and we would have had to give 3 months notice prior to this.


I feel like I'm on another planet. The legal world is very alien to me.


Thanks a lot
Lisa
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Old 22.09.2015, 23:45
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Re: Rental contract exit wording & it's meaning

It is option 2.
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Old 23.09.2015, 01:07
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Re: Rental contract exit wording & it's meaning

Cancelation by openended duration: Three months in advance on end of March / end of June / end of September.

Example: Three month in advance for a cancellation on end of March means a cancellation letter must be "provable in landlords reach" on December 31st latest.

If you use registered post it is in landlords reach when
a) once he accepted the delivery and signed for it.
b) when he is away, does not accept delivery, or does collect it: after the 7-day pickup period passed. (Only days where the post office is open count as pickup days)

In December 2015, for a Landlord living in Geneva, the last seven possible pickup days are: December 30, 29, 28, 24, 23, 22, 21. Which means the post man should try his initial delivery in Saturday December 19 (He will then write a note, the the letter can be collected at the post office from Dec. 21 till 30).

For delivery on Saturday the letter must be posted on Friday December 18 latest! For additional safety, post the letter a few extra days earlier in case the Swiss Post is not as fast as promised (bad weather, lots of Christmas mail, no deliveries on saturday, who knows ...)

http://www.falck-services.ch/unterne...etter=3%2F2012
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Old 23.09.2015, 01:37
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Re: Rental contract exit wording & it's meaning

Quoting myself:
Quote:
Give notice in writing by registered mail nine days before the last day of the notice period or hand the written notice over to the person you're renting from before the last day of the notice period and request immediate written confirmation of receipt of the notice from said person.
In these nine days, there is one day of attempted delivery included, plus seven days of allowance for the recipient to pick up the registered letter (after which it is deemed received).

ASwissintheUS, if the last day of the notice period is on a Saturday, Sunday or (official cantonal or federal) holiday, the notice can legally arrive on the next working day and still be valid.


Art. 78 Code of Obligations

3. Sundays and public holidays
1 Where the time of performance or the last day of a time limit falls on a Sunday or on a day officially recognised as a public holiday1 at the place of performance, the time of performance or the last day of a time limit is deemed to be the next working day.
2 Any agreement to the contrary is unaffected.
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Old 23.09.2015, 02:12
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Re: Rental contract exit wording & it's meaning

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C
For delivery on Saturday the letter must be posted on Friday December 18 latest! For additional safety, post the letter a few extra days earlier in case the Swiss Post is not as fast as promised (bad weather, lots of Christmas mail, no deliveries on saturday, who knows ...)
No delivery of registered mails on a Saturday:
https://www.post.ch/en/business/send...t_einschreiben

Quote:
In these nine days, there is one day of attempted delivery included, plus seven days of allowance for the recipient to pick up the registered letter (after which it is deemed received).
I think your nine days are a bit too optimistic. During holidays pickup days get extended. For end of March cancellation this is because of Christmas, for end of June cancellation this may be because of Easter.
http://www.hev-zuerich.ch/der_zuerch...-201410_12.htm

Quote:
ASwissintheUS, if the last day of the notice period is on a Saturday, Sunday or (official cantonal or federal) holiday, the notice can legally arrive on the next working day and still be valid.
Art. 78 Code of Obligations
https://www.admin.ch/opc/en/classifi...index.html#a78
Thanks. For cancellations on March 31st 2016: In Canton of Geneva January 3rd latest. For all other Cantons December 31st.

Another note:

From Art. 77 Code of Obligations https://www.admin.ch/opc/en/classifi...index.html#a77
Quote:
1 Where an obligation must be discharged or some other transaction accomplished within a certain time limit subsequent to conclusion of the contract, the time limit is defined as follows:
[...]
3. where the time limit is expressed as a number of months or as a period comprising several months (a year, half-year or quarter), performance falls due in the last month of the period on the same day of the month as the one on which the contract was concluded or, where the last month of the period contains no such day, on the last day of that month.

2 Time limits are calculated in the same manner when stipulated as running from a date other than the date on which the contract was concluded.
The last date when the letter must be in landlords reach for the June cancellation date is March 30th and NOT March 31st!
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Old 24.09.2015, 00:26
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Re: Rental contract exit wording & it's meaning

You need to also check if there is a condition as to when you can first give notice.
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Old 26.09.2015, 06:18
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Re: Rental contract exit wording & it's meaning

Many thanks to everyone who replied!


All the best
Lisa
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Old 26.09.2015, 09:23
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Re: Rental contract exit wording & it's meaning

Surely, if the agent/landlord goes on holiday, it's their problem. If I'm obligated to send something on one of four particular dates a year, then they should be in a position to either receive it or accept that it was posted in time and they will receive it on their return.

If the law says otherwise, then it's an ass.
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Old 09.10.2015, 15:09
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Re: Rental contract exit wording & it's meaning

I have found a real issue with how the wording of the swiss contracts are. Very hard to plan your life around it.
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Old 09.10.2015, 15:22
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Re: Rental contract exit wording & it's meaning

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I have found a real issue with how the wording of the swiss contracts are. Very hard to plan your life around it.
It's very easy to plan your life, your not going to move soon

Swiss landlords often rent a flat for 15, 20, 30 years to the same person, so it's hardly surprising that they would rather not bother renting to foreigners who may want to move out in 3-6 months.
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