Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 21.04.2016, 17:07
Junior Member
 
Join Date: Jan 2015
Location: Eglisau (ZH)
Posts: 80
Groaned at 1 Time in 1 Post
Thanked 25 Times in 16 Posts
Maciej has no particular reputation at present
Termination letter vs. landlord on vacation

Hi All,

I'd like to ask you for advice in the following situation I have.
Namely, me and my wife applied for a new apartment and we're waiting for final confirmation if we get it (any day now). If we get it this or next week we have time till next Friday to hand over the termination letter to our landlord to start the notice period in May. Unfortunately she is on vacation till May.

What would be the best way to do in this case? Of course it's just unfortunate timing issue, but we would like our 3-mth notice period to run starting 1st of May, so we can leave the apartment by 31st of July.

Should we send the termination letter by post (not registered post as no one would sign it and it will return to us) and additionally by email to the landlord? Would that satisfy the legal requirement for contract termination while she's away?

Thanks for any hint.
Reply With Quote
  #2  
Old 21.04.2016, 17:13
Guest
 
Posts: n/a
Re: Termination letter vs. landlord on vacation

Do you have her e-mail? You could send it via e-mail (checking the received receipt box if using Outlook) or asking her to confirm she has received it, as well as a paper version in the post.
Reply With Quote
  #3  
Old 21.04.2016, 17:14
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,251
Groaned at 411 Times in 319 Posts
Thanked 17,290 Times in 9,704 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Are you sure it's 3 months and not also tied to specific dates as well? For example here in Fribourg "official" moving dates are 31st March and 30th September so contracts are geared around those days.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #4  
Old 21.04.2016, 17:19
Belgianmum's Avatar
Forum Legend
 
Join Date: Jan 2010
Location: Neuchâtel
Posts: 13,069
Groaned at 235 Times in 197 Posts
Thanked 21,639 Times in 8,854 Posts
Belgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Quote:
View Post
Are you sure it's 3 months and not also tied to specific dates as well? For example here in Fribourg "official" moving dates are 31st March and 30th September so contracts are geared around those days.
I'm guessing that it's a private landlord rather than a rental agency. When we rented from a private landlord it was just 3 month's notice and not linked to the official moving dates so I assume it's the same kind of arrangement for the OP.
Reply With Quote
  #5  
Old 21.04.2016, 18:23
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

This is a difficult situation, as a court once ruled that the resignation notice was not served before the last day in the month, due to the landlord being out of the country. Exactly the same situation!

But as a minimum you should resign the contract in writing and post the letter Eingeschrieben, par signature, by registered post, to arrive at the latest, on the last working day of the month. (post it on Wednesday 27th April, that would be ideal). You should also send the e-mail, just in case the landlord claims they couldn't collect the letter until some days later.

-------------------------------------------------------------------------
Ordentliche, fristgerechte Kündigung

Im Mietvertrag finden sich in der Regel sowohl die Kündigungsfristen wie auch die Kündigungstermine. Beide sind bei einer ordentlichen Kündigung zu beachten.
Die Mindestkündigungsfrist für Wohnungen beträgt gemäss Gesetz drei Monate. Diese Mindestfrist gilt – entgegen einer weitverbreiteten Meinung – übrigens auch für die Zimmer in einer Wohngemeinschaft. Eine Kündigungsfrist von lediglich zwei Wochen ist nur bei möblierten Zimmern zulässig. Längere Fristen können vertraglich immer vereinbart werden, kürzere hingegen wären ungültig.
Die Kündigungstermine können frei vereinbart werden. Falls eine vertragliche Regelung fehlt, beträgt die Kündigungsfrist drei Monate, und es gelten die ortsüblichen Kündigungstermine, die man bei der Schlichtungsstelle für Mietsachen erfragen kann.


Erhalt der Kündigung

Die Kündigung ist nur dann rechtzeitig erfolgt, wenn sie vor Beginn der Kündigungsfrist beim Vermieter oder Mieter eintrifft, massgeblich ist also nicht – wie viele meinen – das Datum des Poststempels, sondern der Erhalt der Kündigung.
Kann der Postbote den Brief dem Adressaten nicht aushändigen, gilt gesetzlich die Vermutung, dieser könne den Brief am nächsten Tag bei der Post abholen. Ist die Kündigung zu spät erfolgt, gilt sie automatisch auf den nächstmöglichen Kündigungstermin hin.
Tipp: Schicken Sie die Kündigung frühzeitig, spätestens jedoch drei Tage vor Beginn der Kündigungsfrist ab. Fällt der Beginn der Frist auf einen Sonntag oder Montag, muss die Kündigung spätestens am vorangehenden Samstag beim Vertragspartner eintreffen, bei professionellen Vermietern sogar bereits am vorangehenden Freitag.
Vergewissern Sie sich, dass Sie auch zusätzliche Mietverträge (beispielsweise über einen Parkplatz oder Hobbyraum) gekündigt haben.
Reply With Quote
This user would like to thank Sbrinz for this useful post:
  #6  
Old 21.04.2016, 18:58
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Again my editor has stopped. The above information is from Beobachter consumer magazine,

http://www.beobachter.ch/wohnen/miet...rrekt/#c325145
Reply With Quote
  #7  
Old 21.04.2016, 19:41
John_H's Avatar
Forum Legend
 
Join Date: May 2013
Location: Up above Nyon
Posts: 4,117
Groaned at 113 Times in 69 Posts
Thanked 5,608 Times in 2,163 Posts
John_H has a reputation beyond reputeJohn_H has a reputation beyond reputeJohn_H has a reputation beyond reputeJohn_H has a reputation beyond reputeJohn_H has a reputation beyond reputeJohn_H has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Quote:
View Post
Are you sure it's 3 months and not also tied to specific dates as well? For example here in Fribourg "official" moving dates are 31st March and 30th September so contracts are geared around those days.
Yeah I've just been caught out by similar .. My contract ends in 1st May, found a new place, gave notice, thinking hey the contract is finished anyways.. Nope, it ends in May but since I didn't cancel it by end of Jan it rolled over for a year..

So a place for me and a place for the wife and kids .. Unless we find a new person..
Reply With Quote
  #8  
Old 21.04.2016, 19:53
Forum Legend
 
Join Date: May 2007
Location: Tessin
Posts: 6,370
Groaned at 125 Times in 92 Posts
Thanked 7,627 Times in 3,571 Posts
Mrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

The landlord being on vacation is not really the tenant's problem. The notice must be sent as per the conditions in the lease and available for pick up by the landlord.

Send it registered mail and make sure it arrives by the deadline specified in the lease.

If you know the landlord is on vacation then you could inform them of your intention to give notice in advance, by email or telephone, but the letter must be sent by registered mail.
Reply With Quote
The following 4 users would like to thank Mrs. Doolittle for this useful post:
  #9  
Old 21.04.2016, 21:32
Member
 
Join Date: Jan 2014
Location: Zurich
Posts: 197
Groaned at 0 Times in 0 Posts
Thanked 130 Times in 76 Posts
jain has earned some respectjain has earned some respect
Re: Termination letter vs. landlord on vacation

Send registered mail, email and also check if there is anyone they would like the letter sent to in their absence since you would like to make sure it reaches on time.
Reply With Quote
  #10  
Old 21.04.2016, 21:57
Forum Legend
 
Join Date: May 2010
Location: north
Posts: 6,132
Groaned at 218 Times in 138 Posts
Thanked 5,100 Times in 2,636 Posts
rob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

If your letter is posted on time and you have the tracking number it is not your problem the landlord is away.
Reply With Quote
This user would like to thank rob1 for this useful post:
  #11  
Old 21.04.2016, 22:44
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Quote:
View Post
If your letter is posted on time and you have the tracking number it is not your problem the landlord is away.
Read the law, it IS your problem....
Reply With Quote
This user groans at Sbrinz for this post:
  #12  
Old 21.04.2016, 22:48
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Because this year the 30th April is a Sunday, to be sure of a water tight resignation, the resignation letter must be sent today, 22 April for the first attempted delivery to a private address, 7 days before the cut off date...!

Last edited by Sbrinz; 22.04.2016 at 08:58.
Reply With Quote
  #13  
Old 22.04.2016, 15:11
Junior Member
 
Join Date: Jan 2015
Location: Eglisau (ZH)
Posts: 80
Groaned at 1 Time in 1 Post
Thanked 25 Times in 16 Posts
Maciej has no particular reputation at present
Re: Termination letter vs. landlord on vacation

Thanks everyone for all the information.

As someone already mentioned, indeed the landlord is a private person and as the agreement says I can resign after 1 year as of each month-end with three months of notice period.

I have just received a call this morning from the "new apartment" agency that we got the new apartment and now they will prepare a contract for us and deliver it after the weekend which makes it extremely tight. Just to be on a safe side, I don't want to send termination letter before I carefully read my new contract - which would be on Monday at the earliest.

So all in all, I think it will depend on the landlord's good will if she accepts the termination letter picked up in May if the letter doesn't reach her house by end of the month.

Quote:
View Post
Read the law, it IS your problem....
Sbrinz, can you shed some more light? Why would law be "against" the tenant in this case? If a landlord goes away for a trip around the world for 6 months, I would assume its his/hers obligation to provide alternative contact in case anything happens to the apartment or the tenant wants to move out at that time.
Reply With Quote
  #14  
Old 22.04.2016, 15:19
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

If you read the article in German, it states that for the resignation to be effective and acceptable, the letter has to be delivered to the landlord before the resignation date.... and if the landlord is not at home then the letter cannot be delivered.

If the letter is sent today, the Swiss Post Office will attempt to deliver it tomorrow, which is 7 days before the resignation date. If the letter is not collected, it will come back to you and you will have the proof that it was available but not collected, which means you will be off the hook.

Send the letter today, Eigeschrieben !! You can always withdraw your resignation if you change your mind.
Reply With Quote
This user groans at Sbrinz for this post:
  #15  
Old 22.04.2016, 15:22
Forum Legend
 
Join Date: Aug 2015
Location: Zurich
Posts: 5,108
Groaned at 339 Times in 184 Posts
Thanked 5,751 Times in 2,635 Posts
ZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Maybe a useful link:

https://www.ch.ch/en/terminating-rental-agreement/
Reply With Quote
  #16  
Old 22.04.2016, 15:26
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,378
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Termination letter vs. landlord on vacation

Quote:
View Post

Send the letter today, Eigeschrieben !! You can always withdraw your resignation if you change your mind.
The landlord does not have to accept the withdrawal, he could ask you to sign a new lease at potentially a higher rent.
Reply With Quote
The following 3 users would like to thank fatmanfilms for this useful post:
  #17  
Old 26.04.2016, 02:28
Newbie 1st class
 
Join Date: Mar 2016
Location: Zurich
Posts: 10
Groaned at 3 Times in 2 Posts
Thanked 4 Times in 2 Posts
pucky has made some interesting contributions
Re: Termination letter vs. landlord on vacation

1. Be sure when your termination date is, it will be specified in your contract, e.g. 31. June or 1. May, etc.
2. Check what's the minimal notice period unless you won't be able to leave at that day in case you miss your period and landlord is... swiss landlord.
3. Never rely on suggestion of others that you should sign a contract of your new apartment and then you will easily find a replacement. It does not work in all cases unless you have a nice apartment at a good place for a great price.

In case you decide to give a notice, just send a registered letter at Post office to your landlord. You'll be able to prove it backward and as someone mentioned, landlord unavailability is not your problem.
Reply With Quote
Reply

Tags
notice period, termination letter




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
Termination of rental contract when landlord wants to sell Smartmart Housing in general 15 07.08.2013 02:08
Early termination of lease...landlord increasing rent newcastle23 Housing in general 3 21.11.2011 21:09
Termination of service letter (German) asdfasdf Language corner 1 03.12.2010 10:21
Sample letter of self-introduction to a landlord Captcha Housing in general 12 13.06.2010 21:24
Letter for termination of rental Sorensen Housing in general 6 27.08.2009 10:10


All times are GMT +2. The time now is 12:52.


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