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Old 24.02.2018, 18:56
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Handing over contracts and moving out

Someday soon I may finally be escaping from Lausanne.

A problem with this however; my apartment contract does not expire for some more years to come.
Whats worse there is a 1 month fine to pay for unilateral cancellation and 3 months notice for moving out.

This could potentially make moving out cost me 4 months rent if I was to leave with zero notice. Ouch.

However. I notice when people are moving that they generally offer their apartment for rent online.
My place is pretty OK; 2 rooms, very large, not too expensive by Swiss standards, centre of the city, so I think I should be able to find someone else willing to take it.

My question however; how does this work exactly?

Is it the case that I have to find someone to take over and I still have to pay for this 3 months notice and 1 month cancellation?
Or is this 1 month fee usually there either way, no matter what?

Is it possible that if I find someone to move in next week (in theory), they move in and I don't have to pay anything? (well, except money off the deposit for whatever damage the regie believes I've caused)

How does this all work with notifying the regie and finding someone to take over?

An end to end guide on how this works would be greatly appreciated. Or any words from someone who has done the same?.
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  #2  
Old 24.02.2018, 19:10
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Re: Handing over contracts and moving out

Properly check your contract for if the notice period can be started any month of the year or if it is restricted to certain months, this to avoid financial diasaters.

You are of the hook if you can find somebody willing to take over your contract under the same conditions as you have currently (and they fit the rules as in no debts and have the financials to do so)

How does that work, you ask the landlord if they have application forms, and if he is willing to help you find somebody to take over the rent (Big companies just put up the house whereas a small single landlord might have less means to advertise), next you lure with your apartment on Facebook, EF, your friends whatever in the hope they know someone, have them fill in the application form and give that to your landlord (or let them deal directly with each other.) If nobody is found this is your problem, if you can only find a new renter and there is a small period in between you leaving and the new renter accepting the house this is also on your costs.
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Old 24.02.2018, 19:43
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Re: Handing over contracts and moving out

Do a search for "nachmieter" here and you'll get some ideas on what's involved. I don't know the word for it in French, sorry. It's basically the process of finding a replacement tenant as Edwin is describing in his post.
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Old 24.02.2018, 20:42
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Re: Handing over contracts and moving out

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Whats worse there is a 1 month fine to pay for unilateral cancellation
It's illegal to charge it. Damages only. Here's the law you need to quote if they try to charge you - https://www.admin.ch/opc/de/classifi...ndex.html#a267

Quote:
and 3 months notice for moving out.
That's the legal minimum, you can't have a contract with less notice time, and this notice is only for the case if you don't want to bother finding your replacement. If you find a replacement tenant you can cancel anytime, whenever your replacement is ready to move in
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Old 25.02.2018, 19:14
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Re: Handing over contracts and moving out

So...basically my timeline should look like:

1: Post an advert in various places, spread word with my friends, etc... saying my place is free from x date.
2: Contact my regie and tell them I'm doing this. Ask them for the official application forms.
3: Get someone who will take over and send it to the regie- the regie can legally refuse anyone right? Should I send them many applications or...?
4: Do my cleaning and hand over to the regie at a date to suit me.....how long before I've said the new person can move in?



Quote:
It's illegal to charge it. Damages only. Here's the law you need to quote if they try to charge you - https://www.admin.ch/opc/de/classifi...ndex.html#a267
Was this a thing some years ago?

Strange it would be in my contract if they can't charge it.
When I had the housing expert at work look at it she mentioned this clause was there and something to beware of but not that it was invalid.
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Old 25.02.2018, 19:39
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Re: Handing over contracts and moving out

if you want to find someone to take over your contract, you should:
1. give notice to the landlord per date X
2. advertise the place for the same conditions as you have it (as someone will take over the contract)
3. landlord will give you the forms
4. most important: you need one candidate that actually signs the contract and then you are out
5. cleaning, handover etc.
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Old 25.02.2018, 20:11
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Re: Handing over contracts and moving out

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So...basically my timeline should look like:

1: Post an advert in various places, spread word with my friends, etc... saying my place is free from x date.
2: Contact my regie and tell them I'm doing this. Ask them for the official application forms.
I'd do 1 and 2 in the other order, so you have the forms ready when you find somebody.
Quote:
3: Get someone who will take over and send it to the regie- the regie can legally refuse anyone right? Should I send them many applications or...?
They can only refuse for valid reasons, like a family when the apartment is to small for such, or people who do not have a valid permit, or people who do not earn enough or have debts. Everybody who fits the rulings and gets refused will get you off the hook and it is the problem of the landlord.
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4: Do my cleaning and hand over to the regie at a date to suit me.....how long before I've said the new person can move in?
This can all happen at the same day if you want to.
Quote:
Was this a thing some years ago?

Strange it would be in my contract if they can't charge it.
When I had the housing expert at work look at it she mentioned this clause was there and something to beware of but not that it was invalid.
What exactly do you mean with:
Quote:
my apartment contract does not expire for some more years to come.
A fine for breaking up a fixed term contract is on itself not weird or illegal.
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Old 26.02.2018, 19:45
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Re: Handing over contracts and moving out

Quote:
1. give notice to the landlord per date X
2. advertise the place for the same conditions as you have it (as someone will take over the contract)
However I have to give 3 months notice if I just plan to move out with nobody taking over.
More ideally it would be a month or two's notice with somebody taking over.
I tell the regie I'm giving my notice and am planning to search for someone to take over hopefully within the lesser time period?

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What exactly do you mean with: A fine for breaking up a fixed term contract is on itself not weird or illegal.
Ivanks post seems to suggest so?



Will I have to pay this if someone takes over?
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Old 10.09.2018, 12:57
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Re: Handing over contracts and moving out

Bump as it is going ahead.

So there should be no fines for me if I find someone willing to take over in November?

So with the regie I'm asking for the application forms, should I be asking for their requirements too? (I guess they can't be too strict with this, just have something like salary that is 4x the rent and b permit+ or so?)
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Old 10.09.2018, 13:35
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Re: Handing over contracts and moving out

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Bump as it is going ahead.

So there should be no fines for me if I find someone willing to take over in November?

So with the regie I'm asking for the application forms, should I be asking for their requirements too? (I guess they can't be too strict with this, just have something like salary that is 4x the rent and b permit+ or so?)
I don't think there are "requirements" you can ask for. You just tell them you're searching for someone to take over your contract and want forms.

When you find someone who's OK with that, have them fill the form and send it to the regie. Do that with every applicant that fills the form.

Then the regie has to say why they did not pick that person. As EdwinNL said, they must provide a valid reason to refuse the new tenant. If the reason sounds bogus, you can contact ASLOCA for assistance.
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Old 11.09.2018, 12:51
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Re: Handing over contracts and moving out

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Bump as it is going ahead.

So there should be no fines for me if I find someone willing to take over in November?

So with the regie I'm asking for the application forms, should I be asking for their requirements too? (I guess they can't be too strict with this, just have something like salary that is 4x the rent and b permit+ or so?)

The "fine" clause for early termination is invalid. This comes up a lot and is in many standard rental contracts - doesn't change the fact that it is invalid.


You do not have to pay further rent if you present a reasonable, solvent (copy of the debt collection register, extrait du registre des poursuites) person who is willing to take over the contract. The landlord has up to 4 weeks (not more) to consider the person or persons you suggest. If the landlord tries to charge you for such additional work/costs, this is also not allowed.
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Old 12.09.2018, 08:12
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Re: Handing over contracts and moving out

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So there should be no fines for me if I find someone willing to take over in November?
No. It doesn't even matter if that "fine" is valid because you don't give notice, the contract keeps running, just with someone else in your stead.
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So with the regie I'm asking for the application forms, should I be asking for their requirements too? (I guess they can't be too strict with this, just have something like salary that is 4x the rent and b permit+ or so?)
Personally I would ask, even if just to avoid additional issues. Monthly gross income that is 3x the rent should be fine so yes, someone earning 4x the rent should be even better.

Do make copies of the docs a potential renter sends in. Otherwise it will be difficult for you to prove that they should have been accepted if they get refused.
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