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Old 05.11.2015, 11:31
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new year lease termination

I need an advise ASAP. We have a contract terminated 31 December and we would like to leave our appartment. However our regie says that it is impossible to have etat de lieu after 24 - because they are closed. So what can we do? Can we live in app after etat de lieu? is it fair what they says? Can they just kick us off 24th?
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Old 05.11.2015, 13:00
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Re: new year lease termination

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I need an advise ASAP. We have a contract terminated 31 December and we would like to leave our appartment. However our regie says that it is impossible to have etat de lieu after 24 - because they are closed. So what can we do?
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Can they just kick us off 24th?
Many rental agencies refuse to do handovers during holidays/outside of office hours.

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Can we live in app after etat de lieu?
Handover is meant to check the state of your flat, and the flat is meant to either be kept in this state or improved by renovations etc. after handover before the new tenant moves in, and for the landlord to be certain that this is the case, your keys are taken back at handover, so you can't live in the flat after that point anyway.

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Old 05.11.2015, 13:18
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Re: new year lease termination

Have you already given formal notice of termination, i.e. registered letter? Because usually it's must be done at least 3 months before the termination date and if you haven't you're too late anyway and can't move out without financial penalty, i.e. paying the extra months' rent until the next termination date in your contract or you have to find a new tenant.
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Old 05.11.2015, 13:22
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Re: new year lease termination

I believe if the handover is due to be on a holiday or weekend (Sunday especially) then it takes place on the first working day afterwards. It can only be before the final day of the contract if the tenant agrees to leave early.

Best to contact asloca (mieterverband) to verify but I'm pretty sure this is what we were told. Our friends had the etat de lieu on January 4th or 5th this year due to the same problem. It's why most places don't accept 31st December as an official moving date.
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Old 05.11.2015, 14:04
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Re: new year lease termination

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It's why most places don't accept 31st December as an official moving date.
Some also refuse to start a lease on Jan 1st for this reason.
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Old 05.11.2015, 14:45
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Re: new year lease termination

What will happens then with somebody who is supposed to retake our contract?
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Old 05.11.2015, 15:00
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Re: new year lease termination

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What will happens then with somebody who is supposed to retake our contract?
You should check with asloca but I think they would have to move in on the first working day after January 1st which this year would be the 4th.

Check the legal position with asloca then go back and discuss your options with the agency.
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