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  #21  
Old 26.06.2017, 11:27
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Re: Strange rental agreement clause

The OP could ask the agency to look with the owner if he would be ok with one year fixed term. If he has been looking for a tenant for quite a while maybe he would be open to a compromise?
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  #22  
Old 26.06.2017, 11:31
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Re: Strange rental agreement clause

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Unenforceable yes, that is why if you are presented with one refuse to pay it, I should have made that clear, sorry, they will chance their luck with the new foreigner in town. A thread on this was around a few months back on EF.

It's totally unenforceable, so no need to pay it, just tell them to screw

There is a renters association and they all speak to each other though which can make it mightly difficult to find an appatment in the future.

Switzerland is highly incestuous.....
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  #23  
Old 26.06.2017, 11:33
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Re: Strange rental agreement clause

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Interesting.

Does that mean the landlord can't terminate the contract, either?
Yes, landlord and tenant must have the same conditions.
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  #24  
Old 26.06.2017, 11:38
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Re: Strange rental agreement clause

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It's totally unenforceable, so no need to pay it, just tell them to screw

There is a renters association and they all speak to each other though which can make it mightly difficult to find an appatment in the future.

Switzerland is highly incestuous.....

Although they probably consider that each agency has their own conditions and even if most of them are relatively the same, there could be less and more favorable ones. Although new to Switzerland, I assume my tenant rating can hardly be impacted for picking a better contract with another agency or simply refusing a contract by disagreeing to some of the conditions. Or at least I hope that is the case.
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Old 26.06.2017, 13:43
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Re: Strange rental agreement clause

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Although they probably consider that each agency has their own conditions and even if most of them are relatively the same, there could be less and more favorable ones. Although new to Switzerland, I assume my tenant rating can hardly be impacted for picking a better contract with another agency or simply refusing a contract by disagreeing to some of the conditions. Or at least I hope that is the case.
They all talk between themselves as you will find out
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  #26  
Old 26.06.2017, 14:02
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Re: Strange rental agreement clause

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They all talk between themselves as you will find out
I wonder what the Swiss Data Protection Act has to say about agencies passing your PII around...
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  #27  
Old 26.06.2017, 14:05
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Re: Strange rental agreement clause

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They all talk between themselves as you will find out
There's nobody formally sharing data like that, and if it happens on an informal basis a single tenant is far too small a fish for anyone to remember.
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  #28  
Old 26.06.2017, 14:11
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Re: Strange rental agreement clause

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Although they probably consider that each agency has their own conditions and even if most of them are relatively the same, there could be less and more favorable ones. Although new to Switzerland, I assume my tenant rating can hardly be impacted for picking a better contract with another agency or simply refusing a contract by disagreeing to some of the conditions. Or at least I hope that is the case.
The contract you've seen is pretty much standard - nothing in it is surprising, or likely to be all that much different with another agency.

It's quite restrictive, because the rental market here is pretty static - people staying in the same rental property for tens of years is common.

On the other hand there are reasonable protections - rent can't go up without good and demonstrated cost based reason, and it's relatively hard to remove a tenant.

If you like the property, I wouldn't fight what looks like a normal contract - unless the rent is way too high or the location is crap, they'll just move on to the next person in the queue.
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  #29  
Old 26.06.2017, 14:29
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Re: Strange rental agreement clause

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The contract you've seen is pretty much standard - nothing in it is surprising, or likely to be all that much different with another agency.
Even if just two ordinary cancellation dates (you can always present a suitable and solvent replacement tenant, taking over the contract as is) are the defacto standard in the city of Zurich. Three or even 11 dates are more and more common.

Also, the 4 month notice period is quite uncommon. Most stay with the legal minimum of 3 months. Additionally, an often used minimum rental period if (you can always present a suitable and solvent replacement tenant, taking over the contract as is) is 12 months. If there is any.
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  #30  
Old 26.06.2017, 14:34
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Re: Strange rental agreement clause

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There's nobody formally sharing data like that, and if it happens on an informal basis a single tenant is far too small a fish for anyone to remember.
A single tennat i quite agree but they will, and do talk about which nationalities are the most compatible with the Swiss system and then agencies will try and avoid certain nationalities
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Old 26.06.2017, 14:35
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Re: Strange rental agreement clause

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There's nobody formally sharing data like that, and if it happens on an informal basis a single tenant is far too small a fish for anyone to remember.
Agencies only call one another when one is given as a reference by a tenant on an application form.
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  #32  
Old 26.06.2017, 15:14
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Re: Strange rental agreement clause

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What do you guys think, is it that unusual or I am just worried too much?
A bit on the strict side but not uncommon. Nothing keeps you from trying to get the points that bother you amended.

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In case we decide to leave early, would those restrictions play a negative impact on finding a new tenant?
Probably not. However, if the rent is on the high side (not saying it is, just pointing out the pitfall) it may be difficult to find a replacement tenant. There may be a reason behind the terms' restrictiveness.
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  #33  
Old 26.06.2017, 17:11
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Re: Strange rental agreement clause

I spoke with the agency and they told me that this is something they apply to all of their rental contracts, not for this apartment only. I am not sure if it is OK to mention their name, but I checked their website and they have around 50 properties for rent.
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  #34  
Old 26.06.2017, 17:18
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Re: Strange rental agreement clause

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I spoke with the agency and they told me that this is something they apply to all of their rental contracts, not for this apartment only. I am not sure if it is OK to mention their name, but I checked their website and they have around 50 properties for rent.
Well it's unlikely they'll change for you as their contract has certainbly been examined by a lawyer or downloaded from a site which did have it written by a lawyer.

As somebody said, it's ,really not difficult to rent an appartment in Zurich, esecially one that is less than 2k/month to rent.
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  #35  
Old 26.06.2017, 18:18
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Re: Strange rental agreement clause

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There may be a reason behind the terms' restrictiveness.
Protection against having to lower the rent due to reference rate changes
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Old 26.06.2017, 22:35
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Re: Strange rental agreement clause

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Rent is between 1800-1900, it certainly is not big, bedroom, living room, kitchen, bathroom, two balconies. Both the building and the apartment are in good condition. Around 50 square meters maybe, excluding the balconies.
At 38 Fr/m^2 it's relatively expensive when city's average is only around 25-30 Fr/m^2
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