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Old 18.07.2017, 18:07
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Cancel my rental agreement

Hi,

My husband and I have decided to leave Switzerland and we are facing the trouble of our rental contract. The contract stated that we can cancel at this September but we only can move out in March 2018, which is not possible for us as we have to move to Asia for the new job by end of September 2017.

Is there anyone can advise how can we do to exit immediately? Or what is the consequence if we just leave Switzerland like that?

Thank you
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Old 18.07.2017, 18:12
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Re: Cancel my rental agreement

Welcome to the Forum. This has been asked dozens of times already. Maybe something useful in here.
https://www.englishforum.ch/housing-...re-asking.html
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Old 18.07.2017, 18:14
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Re: Cancel my rental agreement

There does happen to be an extremely well informed member called Search.
They are at your beck and and call, day and night - just look to the top right of your screen:

Attachment 127226

Last edited by ZuriRollt; 09.12.2017 at 13:23.
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Old 18.07.2017, 18:24
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Re: Cancel my rental agreement

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There does happen to be an extremely well informed member called Search.
Search is an unreliable and sometimes quirky member . He will not allways give you the answer you were looking for.

Anyway, a very good search term is "Nachmieter". https://www.englishforum.ch/search2.php?q=nachmieter This is the German wor for "replacement tenant". A replacement tenant is what you need to find. A lot about replacement tenant can be found by clicking the above link. Happy reading anbd good luck with finding a Nachmieter.
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Old 18.07.2017, 18:39
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Re: Cancel my rental agreement

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Or what is the consequence if we just leave Switzerland like that?
You lose the deposit and you still legally owe the landlord rent all the way until March plus damages: like changing locks in whole house because you didn't return keys, and whatever the police and court bill him to bash the door open.

Whether he can enforce this debt in your new country or wherever you move next after it is a good question though
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Old 18.07.2017, 18:59
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Re: Cancel my rental agreement

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Search is an unreliable and sometimes quirky member . He will not allways give you the answer you were looking for.

Anyway, a very good search term is "Nachmieter". https://www.englishforum.ch/search2.php?q=nachmieter This is the German wor for "replacement tenant". A replacement tenant is what you need to find. A lot about replacement tenant can be found by clicking the above link. Happy reading anbd good luck with finding a Nachmieter.
Personally, I find that someone who is willing to just leave the country without paying a substantial amount owed to their landlord should look for their own advice.
It's such persons that contribute to make it difficult for anyone not Swiss to get a rental apartment (at an affordable price) at all.

And the practice is abhorrent under any circumstances, regardless of any nationality.
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Old 18.07.2017, 20:01
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Re: Cancel my rental agreement

We're awaiting your topic in where you are looking for "nachmieter"
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Old 18.07.2017, 21:02
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Re: Cancel my rental agreement

All fair dues to anyone leaving without leaving someone else in in debt.

A good friends Mom (kind, Swiss, disabled since her 20's, and in her 70's before she died) rented out an apartment in an annex of her simple house in good faith, and was left sitting with the unpaid rent from someone that just "scarpered".

Last edited by 3Wishes; 18.07.2017 at 21:12. Reason: removed quote
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Old 18.07.2017, 21:15
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Re: Cancel my rental agreement

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All fair dues to anyone leaving without leaving someone else in in debt.

A good friends Mom (kind, Swiss, disabled since her 20's, and in her 70's before she died) rented out an apartment in an annex of her simple house in good faith, and was left sitting with the unpaid rent from someone that just "scarpered".
I was refering to Medeas post that got deleted with mine. I have no sympathy whatsoever for anyone skipping and not paying the rent!! Not every landlord is a rich company that can "afford" that....! And they cant either as the cost in principle will have to be born by the others that pay on time and regularly
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Old 18.07.2017, 21:24
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Re: Cancel my rental agreement

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And they cant either as the cost in principle will have to be born by the others that pay on time and regularly
It won't effect anyone else except the landlord or his bank if he goes bankrupt, thats just how business works, the landlord & nobody else is stuffed. Renting apartments is not a risk free business.
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Old 18.07.2017, 22:33
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Appreciate your help ����♀️

Thanks for all your reply and advice. First, I do search on the forum before post and didn't find any similar to my situation.
I am not trying to run away from all the duties. Sorry for not being clearly on my situation. As we need to move to Asia for new job by Oct. therefore we have to cancel the contract very sudden. We do inform the landlord but landlord told us that according to the contract we only can move out next year March. I would like to end this contract clearly and return the house and key perfectly. However, landlord seems doesn't understand and still insist that we only can move out next March. So I am wondering is there any exceptional clause for the situation that we have to leave the country( as my bpermit is also going to be cancelled in end of September) and so we can exit the contract with the proof ?

Last edited by 3Wishes; 19.07.2017 at 18:37. Reason: merging consecutive replies
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Old 18.07.2017, 23:07
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Re: Cancel my rental agreement

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Thanks for all your reply and advice. First, I do search on the forum before post and didn't find any similar to my situation.
I am not trying to run away from all the duties. Sorry for not being clearly on my situation. As we need to move to Asia for new job by Oct. therefore we have to cancel the contract very sudden. We do inform the landlord but landlord told us that according to the contract we only can move out next year March. I would like to end this contract clearly and return the house and key perfectly. However, landlord seems doesn't understand and still insist that we only can move out next March. So I am wondering is there any exceptional clause for the situation that we have to leave the country( as my bpermit is also going to be cancelled in end of September) and so we can exit the contract with the proof ?
You bring up a "Nachmieter", or you pay till March.

And yes, finding a "Nachmieter" is pretty much your responsibility. They (your landlord) won't have to accept him/her/them, though it's usually considered "best practice" that unless there is something seriously wrong with the person/people you present that they'll be accepted.

I'd urgently start right now to hunt for a Nachmieter.

If you don't find one, you'll either have to pay till March. With a bit of luck, your landlord would start searching for someone else to rent the flat to asap him/herself, in case he/she doubt you'd pay up (if your deposit is 2 months, and he can score someone to rent after 2 months you run away, he'll be even) - in that case you'd probably not be in debt, but it's entirely up to him/her for looking for someone if you don't provide anyone.
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Old 18.07.2017, 23:17
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Re: Cancel my rental agreement

Thanks for the help YuropFlyer����♀️����♀️
is possible that I do sublet till March? Can landlord reject this proposal?
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Old 18.07.2017, 23:22
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Re: Cancel my rental agreement

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And yes, finding a "Nachmieter" is pretty much your responsibility. They (your landlord) won't have to accept him/her/them, though it's usually considered "best practice" that unless there is something seriously wrong with the person/people you present that they'll be accepted.
Landlord needs proper grounds (like a low income for example) for the refusal or OP is dismissed from her contract as of the day the nachmieter would take over.
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Old 18.07.2017, 23:59
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Re: Cancel my rental agreement

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Landlord needs proper grounds (like a low income for example) for the refusal or OP is dismissed from her contract as of the day the nachmieter would take over.
That's what I wrote. Was it unclear? They can refuse, but usually won't (if everything is alright) - never heard of a Nachmieter being refused myself unless something was completely out of the ordinary.

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Thanks for the help YuropFlyer����♀️����♀️
is possible that I do sublet till March? Can landlord reject this proposal?
Usually sub-letting the flat (or using something like AirBNB for the time being) needs approval by your landlord, and somehow I doubt he'd be very interested in allowing you. A temporary renter for a few months? sounds like trouble. And you'd be still responsible in that case if something goes wrong.

Try to find a proper Nachmieter and all will be well. You can even post it here on EF.. Unless your flat is seriously overpriced or something else VERY bad about it, it should be fairly easy to find someone. 1st of October is still one of the main moving dates in Switzerland - many people will be looking for a flat starting then. But every day passed now will mean it will become harder.
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Old 19.07.2017, 00:36
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Re: Cancel my rental agreement

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That's what I wrote. Was it unclear? They can refuse, but usually won't (if everything is alright) - never heard of a Nachmieter being refused myself unless something was completely out of the ordinary.
They can refuse, but if the reason is not a very good one - like a financially troubled applicant, you the tenant get a right to walk away from the contract per the date of when your rejected Nachmieter wanted the apartment. It's then up the landlord to continue the search.

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Usually sub-letting the flat (or using something like AirBNB for the time being) needs approval by your landlord, and somehow I doubt he'd be very interested in allowing you. A temporary renter for a few months? sounds like trouble.
The tenant has an unwaivable right to be able to sublet the apartment, there are only few reasons for the sublet to not be permitted. Like profiteering from it or exerting unreasonable burden on the landlord and other parties in the house due to your daily rotating airbnb guests. Airbnb for a longer time period without making excessive profit on it is perfectly fine.
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Old 19.07.2017, 08:20
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Re: Cancel my rental agreement

Find a replacement tenant, at your own cost (for advertising etc). With very few exceptions, they have to accept anyone, as long as they have the necessary financial means, no pending debt etc.

If you can't find someone to take over your apartment, you have no choice but to pay. As per usual, you signed a contract and were aware of the conditions, your personal situation is of no relevance to the landlord/agency.
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Old 19.07.2017, 12:57
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Re: Cancel my rental agreement

send your cancellation letter by registered post, otherwise your cancelation may not be accepted. And start searching for a "Nachmieter" (= person who is going to take over your rental contract) quickly. You can put such add in various webpages for free. Hope this helps you.
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