Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 06.04.2016, 11:23
Newbie
 
Join Date: Apr 2016
Location: Zurich
Posts: 9
Groaned at 4 Times in 2 Posts
Thanked 0 Times in 0 Posts
kobilyanskiy has become a little unpopularkobilyanskiy has become a little unpopular
Rent increase for new tenants

Hi guys,

There is my problem. We would like to terminate the lease and we are responsible for finding a successor who will be taking over the contract. We advertised the appartment but when people started applying they would get a 10% increased rental price. Some people declined already. When asked, the rental company replyed that the rent was adjusted according to the neighbourhood standards whatever. So due to all this I can not find a new tenant in time and have to pay for extra one month that I will not need as I'm leaving the country. Am I still responsible to find a replacement if there was a price change of 10% ?

Any ideas ? Much appreciated.
Reply With Quote
  #2  
Old 06.04.2016, 11:28
Forum Legend
 
Join Date: Jun 2008
Location: Zurich
Posts: 8,485
Groaned at 299 Times in 228 Posts
Thanked 19,508 Times in 6,794 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: Rent increase for new tenants

As far as I know, an increase is only allowed if the landlord has made investments that increase the value of the property.
See also here (in German): https://www.mieterverband.ch/mv/miet...mietzins.html#
Reply With Quote
  #3  
Old 06.04.2016, 11:30
Newbie
 
Join Date: Apr 2016
Location: Zurich
Posts: 9
Groaned at 4 Times in 2 Posts
Thanked 0 Times in 0 Posts
kobilyanskiy has become a little unpopularkobilyanskiy has become a little unpopular
Re: Rent increase for new tenants

It's been two years and nothing was changed/replaced and if anything rental reference rate has gone down in 2015. So I don't see a valid reason for an increase. But there might be some loopholes or something that I don't get.
Reply With Quote
  #4  
Old 06.04.2016, 11:31
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,140
Groaned at 369 Times in 310 Posts
Thanked 14,126 Times in 6,574 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Rent increase for new tenants

But then it says:


Wann kann der Anfangsmietzins angefochten werden?

wenn der Mietzins gegenüber dem Vormieter um mehr als 10% erhöht worden ist, ohne dass der Vermieter die Wohnung saniert hat


When can you contest the rent?
If the rent compared to the previous tenant was increased by MORE t´han 10% without the landlord having improved the apartment.


So if here it is exactly 10% the landlord may be within his/her rights?
Reply With Quote
This user would like to thank roegner for this useful post:
  #5  
Old 06.04.2016, 11:33
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 14,621
Groaned at 281 Times in 187 Posts
Thanked 18,464 Times in 7,747 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Rent increase for new tenants

Quote:
View Post
Hi guys,

There is my problem. We would like to terminate the lease and we are responsible for finding a successor who will be taking over the contract. We advertised the appartment but when people started applying they would get a 10% increased rental price. Some people declined already. When asked, the rental company replyed that the rent was adjusted according to the neighbourhood standards whatever. So due to all this I can not find a new tenant in time and have to pay for extra one month that I will not need as I'm leaving the country. Am I still responsible to find a replacement if there was a price change of 10% ?

Any ideas ? Much appreciated.
I thought if they were taking over your contract there would be no increase in rent.
Reply With Quote
The following 3 users would like to thank Phil_MCR for this useful post:
  #6  
Old 06.04.2016, 11:34
Newbie
 
Join Date: Apr 2016
Location: Zurich
Posts: 9
Groaned at 4 Times in 2 Posts
Thanked 0 Times in 0 Posts
kobilyanskiy has become a little unpopularkobilyanskiy has become a little unpopular
Re: Rent increase for new tenants

I don't care about the increase in rent I'm just asking if I'm still responsible to find a new tenant under these new conditions. The rent can be contested by the new tenant it's his decision. As for me they force me to find a replacement who would take it 10% higher than what I pay now.
Reply With Quote
  #7  
Old 06.04.2016, 11:35
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
As far as I know, an increase is only allowed if the landlord has made investments that increase the value of the property.
See also here (in German): https://www.mieterverband.ch/mv/miet...mietzins.html#
It's not that i have been in this country for years, but as far as i always understood things on our current search is that a price raise of up to a maximum of 10% is legal and cannot be protested without doing price raising sanitations or works on the house.
Reply With Quote
  #8  
Old 06.04.2016, 11:38
mirfield's Avatar
Moddy Wellies
 
Join Date: Apr 2007
Location: North Yorkshire
Posts: 8,711
Groaned at 53 Times in 47 Posts
Thanked 9,828 Times in 3,613 Posts
mirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond repute
Re: Rent increase for new tenants

As I understand it, you are only responsible for finding tenants on the same contractual terms as you.

If the landlord wants to raise the rent, then your responsibility is over.
Reply With Quote
The following 11 users would like to thank mirfield for this useful post:
  #9  
Old 06.04.2016, 11:40
Newbie
 
Join Date: Apr 2016
Location: Zurich
Posts: 9
Groaned at 4 Times in 2 Posts
Thanked 0 Times in 0 Posts
kobilyanskiy has become a little unpopularkobilyanskiy has become a little unpopular
Re: Rent increase for new tenants

But what do I do from a legal point of view? They say I'm still liable.
Reply With Quote
  #10  
Old 06.04.2016, 11:43
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
As I understand it, you are only responsible for finding tenants on the same contractual terms as you.

If the landlord wants to raise the rent, then your responsibility is over.
Exactly. If you find a prospective tenant of which you can prove that he would sign the contract under the same terms you signed, your obligations are over.
Just saying "he would have signed" isn't sufficient proof though.
Best to get this in writing, so perhaps when you invite people over for a viewing, show them your contract and have them sign a document which says that they have looked at your contract upon viewing your place and would enter a lease with the landlord under the conditions stipulated in your contract. If your landlord complains, you then have the document to prove how things went.

Quote:
View Post
But what do I do from a legal point of view? They say I'm still liable.
You take the document and your contract and go to the renter's arbitration (Schlichtungsbehörde) and have them sort it out.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #11  
Old 06.04.2016, 11:45
Forum Legend
 
Join Date: Aug 2009
Location: Vaud
Posts: 4,520
Groaned at 491 Times in 320 Posts
Thanked 4,099 Times in 1,952 Posts
CorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond repute
Re: Rent increase for new tenants

Quote:
View Post
It's been two years and nothing was changed/replaced and if anything rental reference rate has gone down in 2015. So I don't see a valid reason for an increase. But there might be some loopholes or something that I don't get.
It has been answered NUMEROUS times before.
And you did it wrong, you're not supposed to know the new RENT price, you only have legal obligation to find someone financially able to take over your lease, and submit that to the agency.

You're not suppose to know at that point that they want to increase rent and you should have been free of your obligations.

The fact that the interested tenant will refuse the new contract is between them and the agency, nothing to do with you.

In other words, due to your failures, the agency is somehow making you liable for something which should have been liberated by you earlier.

Imagine: you're leaving. The agency will increase the rent to 1 Million.
You'll never find someone, so should you be forever screwed?
No, it's not your concern the new fantasy price. Find someone who can replace you, give that name, bye-bye.
Reply With Quote
  #12  
Old 06.04.2016, 11:46
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
I thought if they were taking over your contract there would be no increase in rent.
But they are not taking over his contract, he cancelled his contract and they will sign a new one.

I think that TS made the understandable mistake to not ask the landlord what the new price would be and told interested people a price which was based on his current contract, when i have visitors i told them clearly that i can state them the price that we pay but will absolutely not guarantee them that the new price will be equal, but that i also do not expect a price raise since the current pricing is fair and in line with other equal objects that have very recently seen a new renters.

I do not see how TS legally can get out under this month.
Reply With Quote
  #13  
Old 06.04.2016, 11:51
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
It has been answered NUMEROUS times before.
And you did it wrong, you're not supposed to know the new RENT price, you only have legal obligation to find someone financially able to take over your lease, and submit that to the agency.

You're not suppose to know at that point that they want to increase rent and you should have been free of your obligations.

The fact that the interested tenant will refuse the new contract is between them and the agency, nothing to do with you.

In other words, due to your failures, the agency is somehow making you liable for something which should have been liberated by you earlier.

Imagine: you're leaving. The agency will increase the rent to 1 Million.
You'll never find someone, so should you be forever screwed?
No, it's not your concern the new fantasy price. Find someone who can replace you, give that name, bye-bye.
Not disputing that you are correct, but do you have a legal or binding source for this?

Eventho i might be utterly wrong, but TS has failed to find people who are willing to take over his house since they did redraw their application. If the legally allowed raise and him not knowing this and thus not being able to inform others about this which led to them redrawing is enough ground to conclude that he has done his legal job and should be excluded from this month sound fair in a way, but i cannot find the legal ground for this that quickly.
Reply With Quote
  #14  
Old 06.04.2016, 11:52
Newbie
 
Join Date: Apr 2016
Location: Zurich
Posts: 9
Groaned at 4 Times in 2 Posts
Thanked 0 Times in 0 Posts
kobilyanskiy has become a little unpopularkobilyanskiy has become a little unpopular
Re: Rent increase for new tenants

I didn't cancelled the contract and I can do it only if someone signs a new one. The contract is opened one with no end date.
Reply With Quote
  #15  
Old 06.04.2016, 11:59
Forum Legend
 
Join Date: Aug 2009
Location: Vaud
Posts: 4,520
Groaned at 491 Times in 320 Posts
Thanked 4,099 Times in 1,952 Posts
CorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond repute
Re: Rent increase for new tenants

Quote:
But they are not taking over his contract, he cancelled his contract and they will sign a new one.

I think that TS made the understandable mistake to not ask the landlord what the new price would be and told interested people a price which was based on his current contract, when i have visitors i told them clearly that i can state them the price that we pay but will absolutely not guarantee them that the new price will be equal, but that i also do not expect a price raise since the current pricing is fair and in line with other equal objects that have very recently seen a new renters.

I do not see how TS legally can get out under this month.
Nope. The OP has to send in writing, using recommended letter, the resignation and the name of new tenant interested at same time.

Therefore it's absolutely not required to ask the new price, it's out of the leaving tenant's concerns.

The OP has just done it badly, and that's the consequences (abuse from agencies in return, like usual).
Reply With Quote
  #16  
Old 06.04.2016, 12:05
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Rent increase for new tenants

Quote:
View Post
I didn't cancelled the contract and I can do it only if someone signs a new one. The contract is opened one with no end date.


Normal procedure: Send a cancelation letter. Find replacement (only needed if cancelation is outside normal notice periode AND only if new contract is exactly the same as old contract). Done.

For your initial question: Check your contract that it does not state: Unausgeschöpfte Mietzinsreserve CHF XXX (or something in this regard.)

If this clause is in your contract they may increase the rent for the new tennant by the stated amount. The new contract would still be th same as your old.
If this clause is missing, or the increase in rent is higher then the stated amount, the contract is no longer the the same. In this case get a written statement what the new rent will be (to have some prove in case it goes to court) and you are free from any obligations to find a replacement tenant.
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
  #17  
Old 06.04.2016, 12:05
Forum Legend
 
Join Date: Aug 2009
Location: Vaud
Posts: 4,520
Groaned at 491 Times in 320 Posts
Thanked 4,099 Times in 1,952 Posts
CorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond reputeCorsebouTheReturn has a reputation beyond repute
Re: Rent increase for new tenants

Quote:
Not disputing that you are correct, but do you have a legal or binding source for this?

Eventho i might be utterly wrong, but TS has failed to find people who are willing to take over his house since they did redraw their application. If the legally allowed raise and him not knowing this and thus not being able to inform others about this which led to them redrawing is enough ground to conclude that he has done his legal job and should be excluded from this month sound fair in a way, but i cannot find the legal ground for this that quickly.
Yes, in the numerous posts I made earlier on the topic, I always give the source.
But frankly, seeing the attitude of spoon feeding forum users, and ungrateful attitude seen over the years, i'm not always motivated to help, especially for free.

But here we go, :
https://www.admin.ch/opc/en/classifi...009/index.html
Art 264 code des obligations.
Reply With Quote
The following 3 users would like to thank CorsebouTheReturn for this useful post:
This user groans at CorsebouTheReturn for this post:
  #18  
Old 06.04.2016, 12:08
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
I didn't cancelled the contract and I can do it only if someone signs a new one. The contract is opened one with no end date.
If i look inhere: http://www.cagi.ch/en/housing/faq-ho...the-tenant.php

That you sort of did fall in between the rules.

There's this:
Quote:
Q: What happens if the candidate withdraws at the last moment and does not sign the lease?
A: The exiting tenant is still responsible until the lease's term; it is hence advised to submit several candidates.
Clearly your candidates did redraw.

And also:
Quote:
If the lessor decides to refuse a candidate that dully fulfills the conditions set out above, the exiting tenant should be released.
They did not refuse candidates.

But also:
Quote:
the new tenant must be willing to take over the lease on the same terms (duration, rent, etc.)
Which should be important in your case.

Which to me would boil down to: If you can proof that you have found persons who do fit the rulings as for not having debts and a high enough income and that they would actually take over your house under the same terms and on the set date, than you should be excluded from the last month. Which would put you n the shitty situation that you would have to contact them and get written statements of them for this and then confront your landlord with this.

(disclaimer: i am not pro yet on this, and am learning along the road also, and thus try to write down what i find and read and how i interpretate it while trying to state what is fact and what is an idea, in an attempt to help you and to get better understanding myself. forum legends might be willing to shoot me down for this )
Reply With Quote
  #19  
Old 06.04.2016, 12:12
Guest
 
Posts: n/a
Re: Rent increase for new tenants

Quote:
View Post
Yes, in the numerous posts I made earlier on the topic, I always give the source.
But frankly, seeing the attitude of spoon feeding forum users, and ungrateful attitude seen over the years, i'm not always motivated to help, especially for free.

But here we go, :
https://www.admin.ch/opc/en/classifi...009/index.html
Art 264 code des obligations.
I'm fairly new inhere, and have no clue what all has been written earlier on this forum and where those postings all are. Asking for a source is not to put your info or knowledge in bad daylight but is to get better understanding of facts myself as well for TS to have actual links that he can use to slap his landlord with.

Thanks for providing.
Reply With Quote
  #20  
Old 06.04.2016, 12:15
Forum Veteran
 
Join Date: Nov 2012
Location: Zurich
Posts: 899
Groaned at 5 Times in 5 Posts
Thanked 477 Times in 300 Posts
simple_person has earned the respect of manysimple_person has earned the respect of manysimple_person has earned the respect of many
Re: Rent increase for new tenants

If rent is increased you no longer need to find a replacement.

Quote:
View Post
Hi guys,

There is my problem. We would like to terminate the lease and we are responsible for finding a successor who will be taking over the contract. We advertised the appartment but when people started applying they would get a 10% increased rental price. Some people declined already. When asked, the rental company replyed that the rent was adjusted according to the neighbourhood standards whatever. So due to all this I can not find a new tenant in time and have to pay for extra one month that I will not need as I'm leaving the country. Am I still responsible to find a replacement if there was a price change of 10% ?

Any ideas ? Much appreciated.
Reply With Quote
Reply

Tags
housing, rent, tenant




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Rent increase gtown Housing in general 0 03.08.2011 20:44
Illegal rent increase? axxxxe Housing in general 9 09.12.2010 19:04
Rent raise between tenants Marsalforn Housing in general 31 02.12.2010 18:42
is 15% an excessive rent increase for 2nd year telemark Housing in general 9 02.03.2008 22:43
Apartment - increase in rent for new tentants Egla Housing in general 13 09.08.2007 18:40


All times are GMT +2. The time now is 17:37.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0