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-   -   Terminating a lease contract with one month notice – what are my rights? (https://www.englishforum.ch/housing-general/278791-terminating-lease-contract-one-month-notice-what-my-rights.html)

clementine 08.01.2018 15:34

Terminating a lease contract with one month notice – what are my rights?
 
Hi,

I notified my regie that I'm ending my lease and presented them with 3 candidates to take over the lease in a month notice. Now the regie says that they didn't like 2 candidates and the third one (which they liked) refused to take over my lease as she has found another apartment.

Now the regie says I'll have to arrange the visits to the apartment until March 31st (that is the earliest possible lease cancellation date) and pay for it until I find a suitable candidate that will take over my lease.

What are my rights in this situation? I've already rented a new place and moved almost all the furniture (except for the bed and the table that I'd like to leave for the new tenant), so it's not even possible to sublet...

ivank 08.01.2018 15:35

Re: Terminating a lease contract with one month notice – what are my rights?
 
Depends on why they didn't like your first 2 candidates. What reason did they give for rejecting them?

clementine 08.01.2018 15:36

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by ivank (Post 2893942)
Depends on why they didn't like your first 2 candidates, what reason did they gave for rejecting them?

The first two candidates were refugees, and the regie said something along the lines that they were not "solvable" whatever it means (they provided all the documents stating that the state will pay their rent etc)

EdwinNL 08.01.2018 15:37

Re: Terminating a lease contract with one month notice – what are my rights?
 
Liking or not liking is not a legal reason to keep you responsible for finding somebody else, if that is his only reason and you can proof this than you are of the hook.

clementine 08.01.2018 15:39

Re: Terminating a lease contract with one month notice – what are my rights?
 
He said they were not "solvable" whatever it means. They were refugees supported by the Hospice General. They provided the documents stating that the Hospice will be paying their rent etc.

ivank 08.01.2018 15:46

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by clementine (Post 2893948)
The first two candidates were refugees, and the regie said something along the lines that they were not "solvable" whatever it means (they provided all the documents stating that the state will pay their rent etc)

Point him to this case - http://www.mietrecht.ch/documents/Do...p_3_97_155.pdf - federal court has already once decided that such refugees are reasonable replacement tenants. So he either accepts them or lets you off the hook and searches for a tenant he likes himself

If he doesn't budge, your next legal step should be to call Schlichtungbehφrde or whatever it's called in french to schedule an arbitration meeting between you and the landlord

st2lemans 08.01.2018 15:47

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by clementine (Post 2893953)
He said they were not "solvable" whatever it means.

Solvent, not 'solvable'.

It means that they have insufficient funds.

https://www.merriam-webster.com/dictionary/solvent

Tom

John_H 08.01.2018 15:49

Re: Terminating a lease contract with one month notice – what are my rights?
 
I would guess that they can argue over the definition of solvable.

Sure somebody might be paying the rent.. But who's paying the bills for example?


Solvable might mean that they are employed and paid xx amount of salary and have no persuits and have various other things..


ASLOCA is always going to be your answer.. Go see them.

aSwissInTheUS 08.01.2018 15:57

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by ivank (Post 2893965)
Point him to this case - http://www.mietrecht.ch/documents/Do...p_3_97_155.pdf - federal court has already once decided that such refugees are reasonable replacement tenants. So he either accepts them or lets you off the hook and searches for a tenant he likes himself

But in that case the refugees had a stable income from employment and change of there status was not expected in the next two years. Landlord will most likely argue that a rent guarantee is not the same as a true stable income.

clementine 08.01.2018 16:16

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by ivank (Post 2893965)
Point him to this case - http://www.mietrecht.ch/documents/Do...p_3_97_155.pdf - federal court has already once decided that such refugees are reasonable replacement tenants. So he either accepts them or lets you off the hook and searches for a tenant he likes himself

Do you know where I can find this text in French? I tried to google but didn't find anything.

Also, in my case they are not employed.

st2lemans 08.01.2018 16:40

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by clementine (Post 2893985)
in my case they are not employed.

In which case, you have no case.

In the case mentioned, they were, and had sufficient income such that the rent was less than 1/3 of their combined income (i.e. they were solvent).

Tom

clementine 08.01.2018 18:00

Re: Terminating a lease contract with one month notice – what are my rights?
 
So, well, just out of curiosity, how are refugees supposed to find a place to live if they are not solvent even if they have a confirmation from Hospice General that their rent will be paid by Hospice?

Odile 08.01.2018 18:03

Re: Terminating a lease contract with one month notice – what are my rights?
 
with great difficulty, and rarely in Geneva ...

Urs Max 09.01.2018 08:31

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by clementine (Post 2893953)
They provided the documents stating that the Hospice will be paying their rent etc.

Which makes them solvent. Rent of course includes charges.

Actually the two are much safer payers than someone gaining their income from work as the latter can be out of work at any time whereas the government is as good as it gets.

John_H 09.01.2018 08:41

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by Urs Max (Post 2894251)
Which makes them solvent. Rent of course includes charges.

Actually the two are much safer payers than someone gaining their income from work as the latter can be out of work at any time whereas the government is as good as it gets.

It doesn't make them solvent, it means somebody else will pay their rent, that's all.

It's totally different. There's alot more to living somewhere than just paying the rent. Landlords want to know that their investment is looked after properly. Who will pay the other bills? Liability insurance? Who will pay to make good any problems that happen? Who will pay for the final cleaning?

Maybe the answer to all is the government.. But as a landlord if you have the choice of this or somebody well paid in stable employment etc etc.. What would you prefer?

clementine 09.01.2018 09:10

Re: Terminating a lease contract with one month notice – what are my rights?
 
Is there a formal definition of what is considered solvent?

I still don't understand if I can argue with the regie about their decision or not.

Urs Max 09.01.2018 09:10

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by John_H (Post 2894255)
It doesn't make them solvent, it means somebody else will pay their rent, that's all.

The concern is that the rent does get paid. Who actually does the paying is irrelevant, it's effectively none of the landlord's business.
Quote:

Originally Posted by John_H (Post 2894255)
It's totally different. There's alot more to living somewhere than just paying the rent. Landlords want to know that their investment is looked after properly.

It's certainly preferable to avoid issues beforehand but that appears to be irrelevant. The criteria is solvency.
Quote:

Originally Posted by John_H (Post 2894255)
Who will pay the other bills?

Charges are part of the rent (they're just definitively accounted for yearly rather than monthly). Anything else is bloody none of landlord's business.
Quote:

Originally Posted by John_H (Post 2894255)
Liability insurance? Who will pay to make good any problems that happen? Who will pay for the final cleaning?

Bloody none of landlord's business.
Quote:

Originally Posted by John_H (Post 2894255)
Maybe the answer to all is the government.. But as a landlord if you have the choice of this or somebody well paid in stable employment etc etc.. What would you prefer?

Of course you have the choice to accept someone as follow-on renter. But every choice has consequences.

NotAllThere 09.01.2018 09:13

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by John_H (Post 2894255)
It doesn't make them solvent, it means somebody else will pay their rent, that's all.

It's totally different. There's alot more to living somewhere than just paying the rent. Landlords want to know that their investment is looked after properly. Who will pay the other bills? Liability insurance? Who will pay to make good any problems that happen? Who will pay for the final cleaning?

Maybe the answer to all is the government.. But as a landlord if you have the choice of this or somebody well paid in stable employment etc etc.. What would you prefer?

The question is a matter of law, not preference or personal interpretations of the word "solvent".

If the law considers them solvent for the purposes of rent (as someone else is guaranteeing the rent), then the supplied reason is not sufficient, and the OP is off the hook.

If the law doesn't consider them solvent, then the OP must find new applicants.

John_H 09.01.2018 09:14

Re: Terminating a lease contract with one month notice – what are my rights?
 
Quote:

Originally Posted by clementine (Post 2894268)
Is there a formal definition of what is considered solvent?

I still don't understand if I can argue with the regie about their decision or not.

Go to ASLOCA..

Pay them the 70chf joining fee (approx) .. Talk to them.

Samaire13 09.01.2018 09:51

Re: Terminating a lease contract with one month notice – what are my rights?
 
It's easy. You have to provide exactly ONE potential Nachmieter. Not two, not three, not a random number for the landlord to choose from - but one. This person has to have the willingness and ability to pay for the apartment as of whatever time you agreed.

That is your whole responsibility. End of story.

If the landlord doesn't like the Nachmieter's nose, hair color, shoes or immigration status, that is his problem and not yours. It is not your obligation to find anyone else, but as of now on, it is his and his alone.

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.

You are free to leave the apartment by the end of January and do not have to pay until March. It is the landlord's problem now.

Call the Mieterverband to get them to support you.


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