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Old 19.05.2017, 06:34
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Termination of contract

Hello,

Maybe this is also a topic mentioned many times before but I need you opinion on the below​.

One month ago I have send a notice to my current landlord that I will leave the appartment in 3 months and he accepted. So I have to leave the appartment at end of August 2017. I have also found a new appartment and I have signed a contract to go to the new apartment at 1st of September 2017.
My problem is that last week I got a very interesting opportunity for a job and also to get back to my country at end of August 2017.
I am very stressed now because for the old apartment is ok and I will leave it on time. But for the new one (it's a new building and I was supposed to be the first to get in the apartment no one leaves there now) I will have to cancel the contract.
I haven't paid yet the two rent deposit and I was wondering if I could go to the company that ownes the apartment to please them and cancel my contract.
Since it is a new apartment they won't have an issue find a new person to rent it.
I don't have time now to start searching my self for someone to hand it over.
Do you think that this is possible?
Thanks!
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Old 19.05.2017, 07:09
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Re: Termination of contract

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I haven't paid yet the two rent deposit and I was wondering if I could go to the company that ownes the apartment to please them and cancel my contract.
Sure, why not? It doesn't hurt to try. If they agree to let you go voluntarily, you're good to go. But they don't have to - AFAIK you're bound at least until first cancellation possibility per contract. Or find a replacement person yourself.

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Since it is a new apartment they won't have an issue find a new person to rent it.
If you think so, then it won't be a problem for you too!

If you're thinking of letting them do the search to save yourself advertising fees, don't celebrate this as a victory too early - they can charge all the fees to you now as damages for not fulfulling the contract.

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I don't have time now to start searching my self for someone to hand it over.
Bullshit, you have 4 months time to find someone, that's more than enough
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Old 19.05.2017, 07:33
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Re: Termination of contract

What's the notice period for the new apartment?

Call them and let them know. Ask them what you should do. They may have a list of other candidates and don't need you to look for a replacement. However you might have to put up ads yourself.


Considering you don't have the keys you wouldn't need time to show it anyway. Funneling potential clients to them through your own ad isn't going to harm, it can only help.
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Old 19.05.2017, 07:37
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Re: Termination of contract

What are the notice periods in your new contract? If you're taking it on from 1st of September then if it's 3 months' notice you have until the 31st May to cancel it. If that's the case send them a termination letter by registered post (calls and e-mails won't do) asap.
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Old 19.05.2017, 08:03
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Re: Termination of contract

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What's the notice period for the new apartment?

Call them and let them know. Ask them what you should do. They may have a list of other candidates and don't need you to look for a replacement. However you might have to put up ads yourself.


Considering you don't have the keys you wouldn't need time to show it anyway. Funneling potential clients to them through your own ad isn't going to harm, it can only help.
It's 2 months
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Old 19.05.2017, 08:17
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Re: Termination of contract

Then check with them that will apply in this situation and if so, send the letter registered post asap.
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Old 19.05.2017, 08:19
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Re: Termination of contract

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It's 2 months


That would be very unusual and fishy unless it is a furnished room. Because by law the notice period for an apartment or house must be at least 3 months.
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Old 19.05.2017, 08:30
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Re: Termination of contract

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That would be very unusual and fishy unless it is a furnished room. Because by law the notice period for an apartment or house must be at least 3 months.
You are right, it 3 not 2. Sorry it was a mistype.
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Old 19.05.2017, 08:44
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Re: Termination of contract

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What's the notice period for the new apartment?

Call them and let them know. Ask them what you should do. They may have a list of other candidates and don't need you to look for a replacement. However you might have to put up ads yourself.


Considering you don't have the keys you wouldn't need time to show it anyway. Funneling potential clients to them through your own ad isn't going to harm, it can only help.
But apart from the 3 months my biggest concern is that the contract says that the minimum validation of the contract is 1 year. So I guess that in order to give a 3 month notice 1 year must pass. As I said the apartment is empty (because it is a new construction) and i didn't get the keys yest because i will pay the deposit of two rent at the last week of August. So far I have only signed the contract.
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Old 19.05.2017, 08:55
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Re: Termination of contract

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It's 2 months
Legal minimum is 3 months.

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What are the notice periods in your new contract? If you're taking it on from 1st of September then if it's 3 months' notice you have until the 31st May to cancel it. If that's the case send them a termination letter by registered post (calls and e-mails won't do) asap.
Notice starts from move-in date

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But apart from the 3 months my biggest concern is that the contract says that the minimum validation of the contract is 1 year.
You're on the hook! Talk nicely to the management, if they won't let you go voluntarily, your only legal option is to search for your replacement on your own. Which shouldn't be hard to find as you say so yourself
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Old 19.05.2017, 08:56
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Re: Termination of contract

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But apart from the 3 months my biggest concern is that the contract says that the minimum validation of the contract is 1 year. So I guess that in order to give a 3 month notice 1 year must pass. As I said the apartment is empty (because it is a new construction) and i didn't get the keys yest because i will pay the deposit of two rent at the last week of August. So far I have only signed the contract.


Talk to the landlord but it seems you are stuck with 1 year unless you find a Nachmieter.
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Old 19.05.2017, 08:58
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Re: Termination of contract

Until you find someone to take over your contract, you are responsible for 12 month's rental! Better start advertising soon.
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Old 19.05.2017, 09:00
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Re: Termination of contract

Again... time to talk to the agency. They may have a second in line or you need to start putting up ads.

The sooner you tell them the more time they can help you find a replacement.
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Old 19.05.2017, 09:02
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Re: Termination of contract

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Until you find someone to take over your contract, you are responsible for 12 month's rental! Better start advertising soon.
So in simple words I have to find someone that pays the rent for me or if i find someone a new contract will take place with the landlord? Because I cannot have a contract in my name (and all the other bills) since I will be out of the country right?
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Old 19.05.2017, 09:06
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Re: Termination of contract

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So in simple words I have to find someone that pays the rent for me or if i find someone a new contract will take place with the landlord? Because I cannot have a contract in my name (and all the other bills) since I will be out of the country right?


You need to find someone to take over your contract or continue paying. Where you effectively live is your issue, the landlord expects the rent to be paid.
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Old 19.05.2017, 09:09
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Re: Termination of contract

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So in simple words I have to find someone that pays the rent for me or if i find someone a new contract will take place with the landlord?
The latter. Find a guy who's willing to take over all conditions in your contract (same rent, deposit, move-in date, notice period, etc) and tell the management to issue a new contract to them.
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Old 19.05.2017, 09:11
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Re: Termination of contract

It's simple: pick up the phone, call the agency, explain your situation and simply ask whether it's still ok if you backed out.

Granted, you got the short end of the stick since you apparently signed and committed yourself to renting the place for a full year. They have no obligation to release you from your commitment, but one can always hope for some courtesy.

If they do not accept you backing out, you need to find a replacement tenant. No, that is not someone to "pay the rent for you" - it is someone who takes over the apartment instead of you, at the exact same conditions, including the one year minimum rental period. If you do not find anyone, you are liable for the rent, for the minimum duration of your contract (i.e. one year). Whether you actually end up living there or not no one will care as long as you pay.
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Old 19.05.2017, 09:46
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Re: Termination of contract

It seems that I am in trouble but lets hope I can find a way. Anyway thank all of you for the help and ideas!
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Old 19.05.2017, 09:47
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Re: Termination of contract

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So in simple words I have to find someone that pays the rent for me or if i find someone a new contract will take place with the landlord? Because I cannot have a contract in my name (and all the other bills) since I will be out of the country right?
Who says you can't have a contract if you don't live here?

You will have a contract and the obligations that go with it if no replacement tenant is found.

If this is a new build they probably had multiple apartments on the market at the same time and could still have a list of interested tenants.

Call them and let us know what they said!
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Old 19.05.2017, 11:57
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Re: Termination of contract

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I cannot have a contract in my name (and all the other bills) since I will be out of the country right?
This is a common misconception, or at least one which has been repeated on this forum many times. I don't know whether perhaps it works like that in some other country.

Please know that in Switzerland, leaving the country does not, in any way, release you from your contractual obligation towards your landlord.

Not only do you remain liable to pay everything that you owe in terms of the contract, if you default some landlords will search for you in order to claim that to which they are entitled.
https://www.englishforum.ch/2783381-post12.html

With regard to handing back your existing flat, and making sure you get that right, you might like to read this thread
https://www.englishforum.ch/leaving-...ml#post2784830
and since you say you need to be out of the country before the end of your rental contract, in particular: https://www.englishforum.ch/2784905-post23.html

These steps are not really that difficult to do. It is mainly a matter of budgeting the time to get the flat into good shape before the hand-over, and getting the sequence right, and everything in writing. All the best to you, as you wind things up. And please let us know if the new landlord releases you from the new contract. Thanks.

Last edited by doropfiz; 19.05.2017 at 12:44.
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