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Old 30.01.2018, 20:50
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Does my Rental agreement limit when I can move out?

My rental agreement in Zürich says (according to Google translate):

Dieser Mietvertrag kann mit einer Kündigungsfrist von 3 Monaten auf Ende März und September gekündigt werden.

This lease may be terminated with a notice period of 3 months to the end of March and September.

Does this mean that I can only give the 3 months notice at the beginning of January and the beginning of July, or is it giving notice at the end of March and the end of September? My contract began on 1 January 2016. If this is the case, can I work out an agreement with the rental agency to sublet? I know in some cities, subletting is not allowed, but I'm not sure if this is the case here.
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Old 30.01.2018, 20:54
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Re: Does my Rental agreement limit when I can move out?

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Does this mean that I can only give the 3 months notice at the beginning of January and the beginning of July
No you can send notice at any time before these deadlines too. If you send it too late, then depending on the wording in your mail, it'll be either void - if you mention a specific date the deadline for which you missed, or with a generic wording like "at the earliest contractually possible cancellation date" - it'll apply at such a date.

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If this is the case, can I work out an agreement with the rental agency to sublet? I know in some cities, subletting is not allowed, but I'm not sure if this is the case here.
By federal law, subletting can't be forbidden. They can forbid you to make a profit off of it and there's a few other cases, but they can't forbid it in general
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Old 30.01.2018, 21:36
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Re: Does my Rental agreement limit when I can move out?

Actually notice dates would be 31st December for the following 31st March and 30th June for the following 30th September. These are the very last dates you can terminate by and termination notice must be done by a registered letter to the letting agency to arrive on or before those dates. These dates are sort of "official" cantonal moving dates, they vary from canton to canton and could also include the 30th June in some of them.

To terminate outside the contract periods and move in a different month you would need to find someone else to take over your rental agreement. If you can do that then you're not liable for the outstanding months' rent.

Subletting can't be forbidden in general, but you must inform the agency that you want to sublet.

There are several threads on all these subjects if you do a search in this section of the forum.
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Old 30.01.2018, 22:32
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Re: Does my Rental agreement limit when I can move out?

Since you are in Zürich you should have good options to find a "nachmieter" to take over your contract.
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Old 31.01.2018, 09:01
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Re: Does my Rental agreement limit when I can move out?

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If you send it too late, then depending on the wording in your mail, it'll be either void - if you mention a specific date the deadline for which you missed, or with a generic wording like "at the earliest contractually possible cancellation date" - it'll apply at such a date.
I don't think so. A cancel notice can't be conditional so if it is valid but late it will apply to the following cancel date.
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Old 31.01.2018, 09:03
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Re: Does my Rental agreement limit when I can move out?

@ivank I had seen the official notice dates on other posts but wasn't sure about the execution of the wording (i.e. by December 31st for March 31st move out). So that means that the earliest I can stop paying rent by giving notice is the end of September, unless I find a nachmieter. (i.e. I submit notice until 31 July)


Do I need to submit the notice of move out in addition to finding a nachmieter? Or should I find a nachmieter, then notify the landlord that I am planning on transferring my place to someone else? I'm aware the landlord then needs to verify that they are suitable.
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Old 31.01.2018, 09:15
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Re: Does my Rental agreement limit when I can move out?

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@ivank I had seen the official notice dates on other posts but wasn't sure about the execution of the wording (i.e. by December 31st for March 31st move out). So that means that the earliest I can stop paying rent by giving notice is the end of September, unless I find a nachmieter. (i.e. I submit notice until 31 July)
Yes

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Do I need to submit the notice of move out in addition to finding a nachmieter?
If you're happy to move out at a corresponding contractual cancellation date, you don't need to bother finding anyone, that's landlord's problem. Nachmieter is only needed if you want to move out whenever.

If you give both a notice and later present a Nachmieter, you're risking that the landlord would already have someone in mind for the flat starting from your ordinary cancellation date, so your Nachmieter might have to be ready to move out by then. This can be difficult, most people want to rent for an indefinite term, especially for bigger flats: moving is such a big hassle.
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