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  #21  
Old 09.01.2018, 09:59
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Re: Terminating a lease contract with one month notice – what are my rights?

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This person has to have the willingness and ability to pay for the apartment as of whatever time you agreed.

Where the money comes from is also irrelevant. The person is solvent, someone is paying for their rent, that's even a fairly secure source of money, maybe more secure than many others.
I think the problem here is the definition of solvent. I haven't found a legal definition anywhere. All the website say that the rent should not exceed the third of applicant's salary, but in this case there's no salary, and I can't find anything that's relevant for my case on the internet.
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  #22  
Old 09.01.2018, 10:07
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Re: Terminating a lease contract with one month notice – what are my rights?

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I think the problem here is the definition of solvent. I haven't found a legal definition anywhere. All the website say that the rent should not exceed the third of applicant's salary, but in this case there's no salary, and I can't find anything that's relevant for my case on the internet.
I see no indication that the person is not solvent, even if indirectly. The 1/3 is correct, but in this case, that Hospice pays the rent anyway. That equals solvency. It is no more or less of a risk than giving the apartment to anyone with a regular job, as he may well lose said job.

And as Urs Max has outlined, everything else is not the landlord's problem.

As said he can turn down anyone he wants. But that doesn't mean you have a responsibility to suggest other potential replacement tenants.
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  #23  
Old 09.01.2018, 10:08
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Re: Terminating a lease contract with one month notice – what are my rights?

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I think the problem here is the definition of solvent. I haven't found a legal definition anywhere. All the website say that the rent should not exceed the third of applicant's salary, but in this case there's no salary, and I can't find anything that's relevant for my case on the internet.
No salary so not acceptable on normal requirements, so landlord is not required to accept them. You need to find someone with a job
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  #24  
Old 09.01.2018, 10:11
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Re: Terminating a lease contract with one month notice – what are my rights?

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I see no indication that the person is not solvent, even if indirectly.
This again depends on the definition of "solvent" that I can't find anywhere. I get your point and I agree with you, but apparently my landlord doesn't consider them solvent, and if I want to argue the case, I need to use the legal definition of solvent.
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Old 09.01.2018, 10:13
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Re: Terminating a lease contract with one month notice – what are my rights?

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I think the problem here is the definition of solvent. I haven't found a legal definition anywhere. All the website say that the rent should not exceed the third of applicant's salary, but in this case there's no salary, and I can't find anything that's relevant for my case on the internet.
Found this from the "Der Beobachter". They can be considered as a reliable source.
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Garantiert eine zahlungsfähige Drittperson (etwa das Sozialamt) unbeschränkt für die Zahlung sämtlicher aus dem Mietverhältnis entstehenden Schulden des Mietinteressenten, so gilt dieser als zahlungsfähig.

If a solvent third party (e. g. the social security office) guarantees unlimited payment of all debts of the prospective tenant arising from the rental agreement, they are considered to be solvent.
https://www.beobachter.ch/wohnen/umz...ieter-erfullen

More or the less you have the following two options:
1) Find an other suitable and solvent replacement tenant which will be accpeted.
2) Declare that you fulfilled your obligations, no longer bound to pay rent, and if necessary fight your case up to the federal court.
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  #26  
Old 09.01.2018, 10:17
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Re: Terminating a lease contract with one month notice – what are my rights?

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This again depends on the definition of "solvent" that I can't find anywhere. I get your point and I agree with you, but apparently my landlord doesn't consider them solvent, and if I want to argue the case, I need to use the legal definition of solvent.
Solvent has the same meaning it always has: the ability to pay whatever is owed on time and in full.

The official definition is here and there is no other.

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Mietrechtlich spielt die Solvenz einer Person eine Rolle, wenn eine Mieterin oder ein Mieter vorzeitig auszieht und einen Nachmieter vorschlägt. Damit der vorzeitig ausziehende Mieter von seinen Verpflichtungen befreit ist, muss die als Nachmieter vorgeschlagene Person zumutbar und zahlungsfähig, also solvent sein (Art. 264 OR). Zahlungsfähig heisst in diesem Zusammenhang, der Mietzins darf nicht mehr als ein Drittel des Einkommens der betreffenden Person ausmachen und ihr Betreibungsregister sollte höchstens ein paar wenige Einträge aufweisen. Obwohl das oft behauptet wird, ist es jedenfalls nicht so, dass eine Person mit einem einzigen Eintrag im Betreibungsregister als nicht zahlungsfähig gilt.

Source: https://www.mieterverband.ch/mv/miet...r.html#Solvenz
Yes there is only a reference to income. In my view there is indeed something like an income, even if not a real one from a job/employer. Again, source of money is not really relevant.

But stop wasting time on this and just call the Mieterverband, explain and take it from there. Or find someone else, if you can be bothered with that.
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  #27  
Old 12.01.2018, 13:58
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Re: Terminating a lease contract with one month notice – what are my rights?

Thank you all for the advice. I've casually mentioned that I'd like to discuss this decision with ASLOCA, and the refugees suddenly became solvent the next day.
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  #28  
Old 12.01.2018, 14:53
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Re: Terminating a lease contract with one month notice – what are my rights?

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Thank you all for the advice. I've casually mentioned that I'd like to discuss this decision with ASLOCA, and the refugees suddenly became solvent the next day.
Fascinating how that happens sometimes...
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Old 12.01.2018, 15:09
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Re: Terminating a lease contract with one month notice – what are my rights?

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Thank you all for the advice. I've casually mentioned that I'd like to discuss this decision with ASLOCA, and the refugees suddenly became solvent the next day.
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