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  #21  
Old 14.03.2018, 12:34
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Re: Apartment not advertised despite giving notice

Call the management and ask what what's going on.
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  #22  
Old 14.03.2018, 12:38
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Re: Apartment not advertised despite giving notice

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There has been a rumour for years that the building has asbestos, the same building opposite (same agent) also has vacant apartments since a while so everyone thinks notice will be given soon of the renovation. Now I am leaving and they didn't advertise online we all think the same..we are annoyed that nothing is being said, this is the main issue.
1. Asbestos in buildings is very normal and unless broken/exposed/falling apart there is nothing wrong with it aslong as you leave it as is.

2. I cannot see why you care about such renovation, it is not your problem.

You whine a lot but did nothing yourself to change the situation. The day you knew you would leave early was the same day you should have put up our apartment on EF, Facebook, Ricardo and spread info among your friends, if the apartment is as wanted as you say it is you still can do this. Just ask a friend if he can be present and arrange a moment where all interested can have a viewing, lay your contract on the table inside to avoid questions about it, and have those interested apply.
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Old 14.03.2018, 12:39
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Re: Apartment not advertised despite giving notice

Why is the apartment is not being advertised online? Because they don't have to and if they want to renovate they won't want to risk committing to a date, since this work often takes longer than estimated. What they know is they've got your rent money coming in till end May.

You could try to offer to leave now, hand the flat back but only pay 50% of the rent. They may accept in order to get the flat back a bit earlier. This has happened to me several times and I usually accept since trying to chase a tenant who lives overseas is time consuming and costly. A bird in the hand etc.
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Old 14.03.2018, 13:11
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Re: Apartment not advertised despite giving notice

I like it how everyone is jumping at the OP and trash him while there are some valid points.

1. Yes, you are liable for your contract. But that does not mean you got to pay no matter what. We all know that presenting one acceptable Nachmieter is enough to get out of it early. Saving 4k in the process.

2. An agency not responding to questions is not ok. Yes, they are on the legal side, but they can simply say what price they are aiming for. If they are not going to rent out the flat after the OP left am I not sure what the situation is - because it makes it impossible to find a Nachmieter and get out of the contract early. I get the feeling there might be a legal loophole, they are aware of it and therefore rather say nothing.
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Old 14.03.2018, 13:21
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Re: Apartment not advertised despite giving notice

What about asking the Mieterverband?
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  #26  
Old 14.03.2018, 13:26
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Re: Apartment not advertised despite giving notice

Yep, I see your problem. If they do not hire out your flat after your contract finishes, you are not able to bring in a "Nachmieter".

That's unfair but there is not much you can do about it, I'm afraid.

You got several possibilities though;
You can find a "Nachmieter", not telling that person what you suspect. If they are really nasty they will pretend to have a valid reason not to accept him.

You can find a "Nachmieter", telling him about what you suspect. If he is really interested in the flat he might be willing to try for it AND inform you if they tell him they're not hiring out anymore - or at a later date. You'd be off the hook as you have a witness/provided what you were supposed to provide.

You could sublet for the time your contract runs, mentioning the option of "Mietübernahme". Your costs would be covered - and you would find out wether they no longer hire out or only for a limited time.

To be honest, this would be worth asking the "Mieterverband" about to me. I'm sure they won't hear about such a case for the firsts time.
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Old 14.03.2018, 13:30
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Re: Apartment not advertised despite giving notice

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What about asking the Mieterverband?
Or ask at the local Gemeinde if there are any plans for that address which are publicly available?
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  #28  
Old 14.03.2018, 14:04
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Re: Apartment not advertised despite giving notice

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Thank you for this, I am not in Switzerland at the moment (job relocation) so it is hard to vet a sublet, I will pay up and shut up...
Then find a replacement tenant (Nachmieter) instea a sub-tenant (Untermieter) much easier, simpler and less risky.

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2. An agency not responding to questions is not ok. Yes, they are on the legal side, but they can simply say what price they are aiming for. If they are not going to rent out the flat after the OP left am I not sure what the situation is - because it makes it impossible to find a Nachmieter and get out of the contract early. I get the feeling there might be a legal loophole, they are aware of it and therefore rather say nothing.

Why? The terms and conditions of the contract for a replacement tenant must be the very same as for the the original tenant. This is the law. If the trems and condition changes it is no longer a replacement tenant per se but a new tenant with a new contract.

To get out and to be releived earlier from the obligations to pay rent it is as easy as to find one, and only one, suitable and solvent replacement tenant which is ready to take over the apartment and signs the contract with the known and present conditions and clauses.

If this one suitable replacement is not offered the contract as is but a new contract with different terms and clauses, or no contract at all, you are leagally out and relieved from your obligaton to pay rent from from the month the replacement tenant intended to move in (and you also no longer use the appartement, which ever is later).
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  #29  
Old 14.03.2018, 14:18
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Re: Apartment not advertised despite giving notice

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There has been a rumour for years that the building has asbestos, the same building opposite (same agent) also has vacant apartments since a while so everyone thinks notice will be given soon of the renovation. Now I am leaving and they didn't advertise online we all think the same..we are annoyed that nothing is being said, this is the main issue.
How is this an issue?

Tom
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Old 14.03.2018, 17:47
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Re: Apartment not advertised despite giving notice

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To get out and to be releived earlier from the obligations to pay rent it is as easy as to find one, and only one, suitable and solvent replacement tenant which is ready to take over the apartment and signs the contract with the known and present conditions and clauses.
With the addition that the candidate must be solvent. The poster case is an employee who earns at least three times the rent, 6k (gross I think) in this case.
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  #31  
Old 14.03.2018, 17:58
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Re: Apartment not advertised despite giving notice

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To get out and to be releived earlier from the obligations to pay rent it is as easy as to find one, and only one, suitable and solvent replacement tenant which is ready to take over the apartment and signs the contract with the known and present conditions and clauses.
With the addition that the candidate must be solvent. The poster case is an employee who earns at least three times the rent, 6k (gross I think) in this case.
So the candidate must be suitable, solvent, and solvent?
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  #32  
Old 14.03.2018, 18:00
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Re: Apartment not advertised despite giving notice

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So the candidate must be suitable, solvent, and solvent?
2x Solvent, just to be on the safe side of the financials
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Old 14.03.2018, 18:19
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Re: Apartment not advertised despite giving notice

What seems to be forgotten in this, is that the contract is only valid for 2 months. I sincerely doubt anyone would sign up for such a short period, most tenants want at least a year or the option to renew, but it seems that is not possible with this contract.
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Old 14.03.2018, 18:33
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Re: Apartment not advertised despite giving notice

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2x Solvent, just to be on the safe side of the financials
My friend Anthony is solvent. We call him Ace Tone.
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Old 14.03.2018, 18:56
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Re: Apartment not advertised despite giving notice

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Thank you for replying, agree to all of the above, my issue is that I am not in Switzerland at the moment (job relocation) so unable to vet any sublets (in the past I have had horror stories...I will pay up! I asked the agency if they were renovating and no reply so far, this is what I meant by kindness and honesty...I have never come across this before but am a big girl so can cope.



There has been a rumour for years that the building has asbestos, the same building opposite (same agent) also has vacant apartments since a while so everyone thinks notice will be given soon of the renovation. Now I am leaving and they didn't advertise online we all think the same..we are annoyed that nothing is being said, this is the main issue.
Sorry to be boring, but you signed a rental contract.

And it is this rental contract law that actually prevents people from becoming homeless, as in other countries.

It's shocking that the property you were renting (@ CHF 4000.-), given the parameters you describe - asbestos, high rent in those conditions and other horror stories etc.- would be circumstances that one would accept in Switzerland.

However, you make a legal case, which would be taken seriously if needed. Then let us know. You can contact me per PM if needed.
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Old 14.03.2018, 19:16
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Re: Apartment not advertised despite giving notice

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Sorry to be boring, but you signed a rental contract.

And it is this rental contract law that actually prevents people from becoming homeless, as in other countries.

It's shocking that the property you were renting (@ CHF 4000.-), given the parameters you describe - asbestos, high rent in those conditions and other horror stories etc.- would be circumstances that one would accept in Switzerland.

However, you make a legal case, which would be taken seriously if needed. Then let us know. You can contact me per PM if needed.
Not to spoil your business, but...

Rent is 2.000,- / month, which with the lack of knowing the apartment does not sound shocking but rather normal to me for a penthouse near Basel Centre, and the Asbestos is atm only a rumour, and even if so there is nothing wrong with having asbest in the building aslong as the amount of breathable fibers does not exceed 1.000 per cubic meters, and here it is not even sure there is even any. And to which other horror stories are you referring?
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Old 15.03.2018, 08:50
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Re: Apartment not advertised despite giving notice

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So the candidate must be suitable, solvent, and solvent?
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Old 15.03.2018, 09:29
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Re: Apartment not advertised despite giving notice

I would post and advert find some candidates who are interested and send those who are serious to the agency. If I understand you part is done. and if agency decide not to rent it to anyone you found as next tenant it their problem and you do not have to pay the rent. As long as it is still within your contractual agreement. and the next tenant you found it really interested and submit all the application formalities.
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Old 15.03.2018, 10:32
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Re: Apartment not advertised despite giving notice

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This!

OP you seem to confuse two scenarios. If you want to leave an apartment, there are two options.

Option one: you cancel and respect the notice period. You move out after the notice period and your responsibility ends on that day. The agency is responsible to look for another Person living in your Apartment. If they do not do it - not your problem, you are off the hock.

Option two: you move out at another date. In this case, you will have to find a person who wants to take over your contract (Nachmieter in German). This Person will have the same terms and conditions (i.e. rent) as you as you transfer your contract to him (so to speak). That person can take over the apartment either for an indefinite period (if the property owner agrees and accepts the tenant) or for a short period (only during your notice period). Here you must only notify the property owner because it would be an Untermieter. You would still be held responsible to the property owner for all the problems arising during your notice period because the contract is still between you and the property owner. If you choose to look for a Nachmieter, then you will have to find that person yourself. The property owner does not advertise for you.

What you are looking to do is find an Untermieter for your notice period, which is very uncommon. You should have a) looked for a Nachmieter before you gave notice to the landlord and present him with your Nachmieter once you hand in the notice (normal way) or cancel the apartment and pay rent for the notice period (not done so often mostly if the apartment is over-priced and it would be hard to find a Nachmieter ;-))
Yes. All you need to do is provide the agency with a simple letter from someone willing to take over the apartment at the date you leave. It is then up to the agency and you are off the hook. Registered letter to the agency would be best.

We did this some tears ago and advertise once in the paper. We handed a bundle of 70 letters to the landlord and off we went...
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