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Old 14.04.2017, 21:28
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Leaving an apartment

Hi all, I'm new to the forum and I registered because I've a question I cannot answer and I can't find anything.

I was living in a rented apartment in Lausanne where everything is managed by the landlord (well, when I got the apartment 3 years ago, there was a regie but it was fired by the landlord after 1 year...).
Around 15 March, I told the landlord I was going to leave the apartment the 1st of April because I found a new, bigger one.
She told me I have to find a new potential tenant, and I've this assignment for 3 months during which I'll still pay the rent and, as a "special" agreement, she's going to "free" me the 1st of July even if I don't find anybody.

This is the first time I'm leaving an apartment, so I'm not sure about all the rights for landlord/tenant, so the first question I've is: is the "special" agreement special for real or is the standard?

Additionally, since the 1st of April, when I left the apartment empty, she has done some "renovation" works. Is she allowed to do such works while I'm still paying the rent?

Last but not least, she wrote me an email saying we won't do the "etat de lieu de sortie" because she has to do some works. However, now she's asking me to pay for the re-paint of some walls. Again, is this correct?

Thanks!
Dani.
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Old 14.04.2017, 21:47
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Re: Leaving an apartment

Welcome.
Start by checking out the threads towards the bottom of the long list of threads in here.
When you have sorted out the official rulings and the like, check your contract. Then we can perhaps help without asking you loads of other questions.
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Old 14.04.2017, 21:58
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Re: Leaving an apartment

Oh dear. Never, ever, leave your apartment without obeying what the contract says regarding termination of the lease. Usually you have to give 3 months' notice of termination and often there are "official" dates that contracts are tied to for this: 31st March, 30th June and 30th September. So you giving notice in March means you're responsible for paying the rent until your next available termination date - check your contract to see when that is. From the sounds of it, it may be 30th September if she's offering a "special arrangement" to let you out of the contract at the end of June. If you want to get out of paying for those months, then yes it is your responsibility to find a new tenant to take over your lease.

And no, refuse to pay for the repainting. If she wants to forego the moving out inspection protocol then refuse to pay for anything. The norm is that you and the landlord/agency go through the place and note any problems/damage, etc, so it's clear what needs doing and also what you would be responsible for paying for. If she wants to forego that then she shouldn't turn around and expect you to pay for something you have no idea whether it needs doing according to the contract or not.

Go over your new contract with a fine toothcomb as they say so you know exactly what you should be doing when. For example when you moved in did you do an inspection tour with the landlord/agency to note any damage/repairs, etc? This is used not only to effect any repairs needed, but also as a checklist when you move out again. For example when we rented the spare bedroom's radiator didn't work. We weren't worried as we didn't need heat in that room so we didn't get the agency to have it repaired. But we could also prove when we moved out that it was already broken when we moved in and so were not responsible for its repair because of the inspection when we moved in.

More on renting here:

https://www.ch.ch/en/rent/

I also suggest you join the renters' association in the French speaking part of Switzerland

http://www.asloca.ch/

They can advise on many rental/tenancy issues and can also attend inspections if you need them to. There's a fee to join, but is money well spent should you need their services.
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Old 14.04.2017, 22:42
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Re: Leaving an apartment

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You know how it is. Yes, I´ve read that all but my situation is slightly different.... Or, I can´t be bothered to read that all, tell me what to do and ideally do it for me........... Or, why are you all so horrible to me to refer me to the stickies?

I should have read Roegner's comment in the other thread before I bothered to write my reply in this one. That link I gave had all that info in it already. But I thought the OP could do a bit of looking him/herself while I did my piano practice.

Last edited by Longbyt; 14.04.2017 at 22:45. Reason: Added link
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Old 14.04.2017, 22:44
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Re: Leaving an apartment

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I should have read Roegner's comment in the other thread before I bothered to write my reply in this one. That link I gave had all that info in it already. But I thought the OP could do a bit of looking him/herself while I did my piano practice.
You know how it is :-) Forgot to mention in that other post that reading a contract is also not something people do
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Old 14.04.2017, 22:49
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Re: Leaving an apartment

Hi,

thank you both for the answers.

I have a checklist of the status of the apartment when I entered, but now i discovered is too generic. For example, all the parquet was ruined and in the document there is just written "Multiple marks on it". However, there was a hole, and now the landlord would like to have me pay for it... I told her the document can mean anything, and now she accepted it.

I will definitively subscribe to asloca and I'll have a look to all the links posted.

I'm abroad now, I'll check my contract as soon as I get back. However, I just remember there is written something like "if you want to leave, you have 0 month notice period". but... again, I'll check on tuesday.

Best,
D.
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Old 14.04.2017, 22:50
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Re: Leaving an apartment

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You know how it is :-) Forgot to mention in that other post that reading a contract is also not something people do
uh!? I don't see any other post from you
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Old 14.04.2017, 22:51
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Re: Leaving an apartment

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I'm abroad now, I'll check my contract as soon as I get back. However, I just remember there is written something like "if you want to leave, you have 0 month notice period". but... again, I'll check on tuesday.

Best,
D.
I am somehow quite sure that there will be a notice period for more than 0 months. Try to post some notices in Coop/Migros etc to find someone to step into the contract/take over?
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Old 14.04.2017, 22:52
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Re: Leaving an apartment

Insider joke for frustrated EFers. Don't worry about it.
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Old 14.04.2017, 22:53
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Re: Leaving an apartment

yeah, I guess the same. Unfortunately my french is really bad
I already put the ads on anibis, I got several visits but nobody really interested in
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Old 14.04.2017, 22:53
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Re: Leaving an apartment

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insider joke for frustrated efers. Don't worry about it.
ahaha:d
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Old 14.04.2017, 22:54
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Re: Leaving an apartment

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uh!? I don't see any other post from you
Longbyt was referring to another post
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Old 14.04.2017, 22:55
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Re: Leaving an apartment

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Additionally, since the 1st of April, when I left the apartment empty, she has done some "renovation" works. Is she allowed to do such works while I'm still paying the rent?
Dani.
Did you give her permission? Our personal experience here, when we had a landlady rather than a regie is that she came in whenever she liked and even did things like - it was fully furnished - take things of hers away and replace them with worse things! Not legal, as I understand it, but what are you going to do about it? Nothing....
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Old 14.04.2017, 22:58
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Re: Leaving an apartment

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Did you give her permission? Our personal experience here, when we had a landlady rather than a regie is that she came in whenever she liked and even did things like - it was fully furnished - take things of hers away and replace them with worse things! Not legal, as I understand it, but what are you going to do about it? Nothing....
Actually, I did not give her any permission!
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Old 17.04.2017, 13:27
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Re: Leaving an apartment

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She told me I have to find a new potential tenant, and I've this assignment for 3 months during which I'll still pay the rent and, as a "special" agreement, she's going to "free" me the 1st of July even if I don't find anybody.
Check your contract, chances are your intended cancel date was no contractual cancel date, in which case the next contractual cancel date applies - unless landlord accepts it, which seems to apply here. You need to cancel in written form, you want to either have receipt confirmed on your copy or send it by registered mail.
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Actually, I did not give her any permission!
That probably means you're off the hook according to this article, paragraph 4 (in German, sorry), either by the day she entered the apartment without your approval or by the date the work started.

Not having done a handover is very much in your favor as without handover protocol it's up to the landlord to prove any problems, defects, etc. Considering she overstepped by having renovations done there's a significant chance for the Schlichtungsbehörde to be completely in your favor.
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Old 17.04.2017, 15:10
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Re: Leaving an apartment

As long as you find a good replacement, someone who earns enough to pay the apartment, you should not have to keep paying the rent...
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Old 17.04.2017, 16:07
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Re: Leaving an apartment

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yeah, I guess the same. Unfortunately my french is really bad
I already put the ads on anibis, I got several visits but nobody really interested in


Consider putting it in the CHUV, huge notice board there and you can also put your ad for free with pictures on https://www.petitesannonces.ch/r/p/27 ...and I believe on the EF website as well?
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