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Old 13.09.2017, 08:50
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Reason to reject nachmieter

We're soon leaving Switzerland (Oct 5). We live in a house that we are renting and unless we find a 'nachmieter' we are renting until March next year... Obviously we have no interest in this and have been busy trying to find a new tenant to take over the contract.

I should add that our landlord has been really helpful in the process.

We have now found a family that really likes the house and they have sent in an application for the house. Given that they are solvent we believe that we would be 'in the clear' and not have to worry about the rent after we leave.

However, the family have smaller kids (we also have kids, but in the school age) and the landlord are worried that the house is not 'safe' for babies (there's a staircase inside and also the house are situated on a quite steep side (it is Switzerland...). He has raised the question with his insurance company and if they do not want to insure him (the landlord) because of renting out to a family with small kids he says he cannot accept the risk and will not rent out to the family.

But where does this leave us regarding leaving the rental agreement early?

I don't want to have a big argument with the landlord who has been very helpful to us over the years, but on the other hand I can't really afford to keep paying rent for a place we do not live in...
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Old 13.09.2017, 08:59
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Re: Reason to reject nachmieter

Which insurance is he talking about?

Stairs are a normal part of a house - unless they have no bannister or something obviously dangerous, there's no way the landlord could be liable for a kid falling down them, that is the resident's responsibility.

Same with the location - unless it's structurally dangerous (unfenced drop by a main access path, or a landslide), how could the landlord be liable for someone falling down a hill?

So little kids is irrelevant - if the property is unsafe to the level of being unrentable, it's unsafe for anyone.
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Old 13.09.2017, 09:00
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Re: Reason to reject nachmieter

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there's a staircase inside...
You mean like almost every house in the rest of the world?

Hopefully the insurance company will just laugh in the face of your ridiculous landlord. I know I would.
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Old 13.09.2017, 09:09
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Re: Reason to reject nachmieter

Uhm. His "reasoning" is not logical. Pretty much every house has a staircase, and I have no idea which insurance he is talking about that would have any say in who is allowed to rent the house and who is not. If the house is dangerous for kids, it's dangerous for everyone.

Sounds like he simply doesn't want small kids around.

However, that is not your problem and your assessment of the situation is correct. All you have to do is suggest a solvent Nachmieter willing to take over the house on date X (which must be reasonably sized for the number of people moving in, which I'm guessing it is). If he doesn't like them for some reason or other, that's not your problem to figure out - you did what you had to do and he cannot reject a solvent Nachmieter. Or rather he can, but you don't have to find yet another alternative, but are off the hook.

Ask the Mieterverband if he continues with his ridiculous argument and communicate as much in writing as you possibly can, just in case.
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Old 13.09.2017, 09:22
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Re: Reason to reject nachmieter

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We're soon leaving Switzerland (Oct 5). We live in a house that we are renting and unless we find a 'nachmieter' we are renting until March next year... Obviously we have no interest in this and have been busy trying to find a new tenant to take over the contract.

I should add that our landlord has been really helpful in the process.

We have now found a family that really likes the house and they have sent in an application for the house. Given that they are solvent we believe that we would be 'in the clear' and not have to worry about the rent after we leave.

However, the family have smaller kids (we also have kids, but in the school age) and the landlord are worried that the house is not 'safe' for babies (there's a staircase inside and also the house are situated on a quite steep side (it is Switzerland...). He has raised the question with his insurance company and if they do not want to insure him (the landlord) because of renting out to a family with small kids he says he cannot accept the risk and will not rent out to the family.

But where does this leave us regarding leaving the rental agreement early?

I don't want to have a big argument with the landlord who has been very helpful to us over the years, but on the other hand I can't really afford to keep paying rent for a place we do not live in...
Come on man... you really can't tell a weak excuse when you hear one? Do you think all children in Switzerland and over the world live in staircase-less apartments? You have fulfilled your obligation to find a suitable tenant, and if you have any questions or doubts contact the Mietverband https://www.mieterverband.ch/mv/mitg...d/kontakt.html
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Old 13.09.2017, 09:24
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Re: Reason to reject nachmieter

If the house and garden are unsafe for small children, he should make it safe.

Parents & grandparents have small children visiting, so he can't use that argument.
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Old 13.09.2017, 12:05
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Re: Reason to reject nachmieter

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If the house and garden are unsafe for small children, he should make it safe.
euh, Of course not. Why should the landlord instal a fence? Or put in caps in the wall sockets. Parents should do that, and when they leave they either fix the holes/pay some for the damage or find someone who wants to take over the fence.
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Old 13.09.2017, 12:21
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Re: Reason to reject nachmieter

You seem to like these prospective tenants,
they like the house, and
it sounds like they fulfil all the requirements to be similar enough to you so that they can take on the contract, such that you should be set free from it.
That's good and well.

Now you're faced with making your point, and perhaps struggling with your landlord, when you're not really wanting to take that route, since he's been a good landlord thus far.

Could you not, perhaps, simply choose the path of least resistance and provide him with another one or two prospective tenants who are similar enough to you?

It might not be your legal duty so to do, but my guess is that doing so would probably end up being much less effort, and would more quickly and effectively get this important item ticked off your list before you emigrate.
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Old 13.09.2017, 12:33
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Re: Reason to reject nachmieter

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You seem to like these prospective tenants,
they like the house, and
it sounds like they fulfil all the requirements to be similar enough to you so that they can take on the contract, such that you should be set free from it.
That's good and well.

Now you're faced with making your point, and perhaps struggling with your landlord, when you're not really wanting to take that route, since he's been a good landlord thus far.

Could you not, perhaps, simply choose the path of least resistance and provide him with another one or two prospective tenants who are similar enough to you?

It might not be your legal duty so to do, but my guess is that doing so would probably end up being much less effort, and would more quickly and effectively get this important item ticked off your list before you emigrate.
I so would never do this. There's 3 weeks left, renting is a business deal, and TS kept his part of the deal. Imagine him agreeing with this one of the hook, and in 2 weeks the others are deemed to have to little financials which might cause him to keep paying the rent.

Landlord uses an invalid reason if he sticks to it, and thus it is his problem.
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Old 13.09.2017, 14:42
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Re: Reason to reject nachmieter

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Could you not, perhaps, simply choose the path of least resistance and provide him with another one or two prospective tenants who are similar enough to you?
I disagree. It's not OP's problem if the prospective new tenants are not to the landlord's liking. Where would it end? He may not like the next tenant's job or name or hair color. There's always something and there is no reasoning with unreasonable people.

OP has no obligation to pay his rent beyond the date of which the new tenant offered to move in. He's done his part, he's off the hook and there is no need to go the path of least resistance. As of now on, it is not OP's problem anymore and if the landlord has an empty house instead of letting perfectly solvent and appropriate tenants move in, then that is his problem and his alone.

Also, they are leaving Switzerland, so who cares about a good relationship with the landlord which they very likely will never see again. And even if they did, a so far good relationship doesn't mean one has to put up with everything.
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Old 13.09.2017, 14:45
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Re: Reason to reject nachmieter

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You seem to like these prospective tenants,
they like the house, and
it sounds like they fulfil all the requirements to be similar enough to you so that they can take on the contract, such that you should be set free from it.
That's good and well.

Now you're faced with making your point, and perhaps struggling with your landlord, when you're not really wanting to take that route, since he's been a good landlord thus far.

Could you not, perhaps, simply choose the path of least resistance and provide him with another one or two prospective tenants who are similar enough to you?

It might not be your legal duty so to do, but my guess is that doing so would probably end up being much less effort, and would more quickly and effectively get this important item ticked off your list before you emigrate.
And cut out the prospective tenants that they really like and who have done nothing wrong? At the last minute?

Sounds like the sort of bullshit some bad landlords pull, I wouldn't expect to see it suggested here.
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Old 13.09.2017, 20:05
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Re: Reason to reject nachmieter

Thanks for all your input!

Even though I can follow the "path of least resistance" as suggested, I don't really have time to secure other possible 'nachmieters' - and also, I really would like to see that the house goes to the family that really wants it.

I will write my landlord making my position clear and update you all on the outcome :-)
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Old 13.09.2017, 21:10
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Re: Reason to reject nachmieter

The reason I even mentioned possibly finding other tenants was not because I thought that tobiasn ought, necessarily, to have to do so! No. I simply thought that it might be easier and faster than embarking on the correspondence which will now ensue with the landlord, and which may become long and drawn out as tobias sets out to prove that he is in the right.

This the more so, if the landlord happens to hold a substantial rental deposit.

I hope, tobias, that you have the prospective tenant's offer to take over the contract in writing.

And please make sure that you that the cleaning, small repairs and handover are done meticulously. I hope you know about that, from other threads.
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Old 13.09.2017, 21:18
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Re: Reason to reject nachmieter

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I hope, tobias, that you have the prospective tenant's offer to take over the contract in writing.
I have secured a copy of the application form they sent to our landlord. It even says they want to take over the house 'ab sofort' - and we have already agreed on a handover date (oct. 10) with our landlord - so I assume we should be out of the contract on that date.
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Old 13.09.2017, 21:22
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Re: Reason to reject nachmieter

Is that handover date with all three parties present? That would be very good news!
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Old 13.09.2017, 21:24
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Re: Reason to reject nachmieter

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Is that handover date with all three parties present? That would be very good news!
No, the handover date was agreed a while back actually.
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Old 13.09.2017, 22:11
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Re: Reason to reject nachmieter

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No, the handover date was agreed a while back actually.
You mean you think you and the new family just get together and you hand him the keys and disappear into the sunset? If that is the case then you are sorely mistaken....

You have to go through the whole rigamarole of handing the apartment back and doing an inspection with your landlord of any damage that may have occurred during your tenancy. So, a handover date can't really be agreed without the landlord being involved.
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Old 13.09.2017, 22:15
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Re: Reason to reject nachmieter

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You mean you think you and the new family just get together and you hand him the keys and disappear into the sunset? If that is the case then you are sorely mistaken....

You have to go through the whole rigamarole of handing the apartment back and doing an inspection with your landlord of any damage that may have occurred during your tenancy. So, a handover date can't really be agreed without the landlord being involved.
'
It's not our first move-out from a place in Switzerland.

So yes, the handover is with the landlord. We have also hired a cleaning company who will also be present at the handover.
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Old 13.09.2017, 22:17
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Re: Reason to reject nachmieter

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'
It's not our first move-out from a place in Switzerland.

So yes, the handover is with the landlord. We have also hired a cleaning company who will also be present at the handover.

My apologies...I misunderstood your post.
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Old 15.09.2017, 13:38
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Re: Reason to reject nachmieter

An update...

So our landlord doesn't want to rent out to the family, because he believes the risk with the outside stairs (not the inside staircase) is too high. There are some rails, but they don't conform to present regulations (as I understood it anyways) - but even if they did, he said that he still wouldn't be able to live with himself, if something happende to a small child.

That is his decision, and while I don't agree, it's not my decision to make.

The good thing is that our landlord wrote us that "we we're off the hook" as we have found a possible nachmieter, so from end of October the house is his headache.
We have already discussed a few items in regards to the handover and he's being more than fair, so luckily there's no hard feelings!

Thanks for all your input!
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