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Old 14.03.2018, 11:21
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Apartment not advertised despite giving notice

Can anyone help me...

I have given notice on my apartment (mid Feb18) so have to leave by 31May18 BUT the apartment agency have not yet advertised my property online (a month later) so while I have advertised it myself to avoid a couple of months dead rent the agency are not yet advertising it. I asked a neighbour and she suspects the whole building is being renovated but they are not giving info/dates when everyone needs to move out. In my situation (and legally) are I within my rights to leave the tenancy early as no-one will be moving in regardless in Apr-May. They are not responding to my emails so I have called their bluff and given a name of someone who wishes to move in. Again silence. It is all very fishy and seems unfair that while I agree to give 3 months notice they in turn are not advertising my apartment online and thus collecting rent when I won't even be there...any ideas to help me avoid 2 months dead rent (4k)? ps It is a penthouse/loft in Basel (near city centre) and under any other circumstances would have been snapped up immediately if it would have been online.
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Old 14.03.2018, 11:25
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Re: Apartment not advertised despite giving notice

so it seems you are liable for the rent until 31 May. If you have someone else who can move in and pay instead of you, either sublet or taking over the lease then of course it is better for you financially.

the landlord is under no obligation to do this for you. they are perfectly in their right to collect the rent from you since it is still your apartment until the end of may - even if you decide to leave it empty.
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Old 14.03.2018, 11:26
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Re: Apartment not advertised despite giving notice

If you've given notice within the framework of your rental contract why are you worried about them advertising your apartment? It's not your problem.

If you're moving outside of the framework of the contract it's up to you to find a new tenant, not the agency. They don't have to fill in the gap between you moving out and your contract ending.
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Old 14.03.2018, 11:36
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Re: Apartment not advertised despite giving notice

Why do you care and what exactly is "fishy" or "unfair" about this? You gave notice with the regular termination period and are leaving before or by the end of May and are paying until then.

What happens after doesn't have to concern you. The landlord can do with the place whatever he wants.
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Old 14.03.2018, 11:39
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Re: Apartment not advertised despite giving notice

My issue is that it will be easy to get someone to move in (I only advertised to my circle and know the apartment will be snapped up if i go to a wider audience), but if the building is being renovated who will want to move in then move out? I would not do this to my friends.

I also agree it is none of my business if they do not advertise the property online but they are not even giving me the cost of the rent (I am told it will have increased) so I am unable to tell people how much it is in order to get a sublet in.

It is my problem that I am losing 4k CHF (this is a lot of money) and frustrated that I cannot get them to admit the property will not be up for lease while they rake in the rent. Human kindness and honesty is not happening here...its 100% business and sucks.
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Old 14.03.2018, 11:42
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Re: Apartment not advertised despite giving notice

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It is my problem that I am losing 4k CHF (this is a lot of money) and frustrated that I cannot get them to admit the property will not be up for lease while they rake in the rent. Human kindness and honesty is not happening here...its 100% business and sucks.
Downside of wanting to leave early, nothing to do with "raking in the rent", sorry.
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Old 14.03.2018, 11:46
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Re: Apartment not advertised despite giving notice

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My issue is that it will be easy to get someone to move in (I only advertised to my circle and know the apartment will be snapped up if i go to a wider audience), but if the building is being renovated who will want to move in then move out? I would not do this to my friends.

I also agree it is none of my business if they do not advertise the property online but they are not even giving me the cost of the rent (I am told it will have increased) so I am unable to tell people how much it is in order to get a sublet in.

It is my problem that I am losing 4k CHF (this is a lot of money) and frustrated that I cannot get them to admit the property will not be up for lease while they rake in the rent. Human kindness and honesty is not happening here...its 100% business and sucks.
What???

a) you're not losing money, it is your obligation to pay until the end of May, that's what you agreed to when you signed the contract
b) your friends are, I'm assuming, big boys and girls and can decide themselves whether they want an apartment that may or may not be renovated and may or may not become more expensive
c) renovations happen everywhere occasionally or do you want to live in some ruin? Also, if they are planning a renovation, it's actually very fair they wouldn't advertise the place now
d) if you want to leave early and have a replacement tenant, that is YOUR responsibility and the landlord doesn't have to advertise anything for you
e) human kindness and honesty is "not happening here"? What in God's name are you even talking about?
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Old 14.03.2018, 11:46
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Re: Apartment not advertised despite giving notice

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Why do you care and what exactly is "fishy" or "unfair" about this? You gave notice with the regular termination period and are leaving before or by the end of May and are paying until then.

What happens after doesn't have to concern you. The landlord can do with the place whatever he wants.
It is unfair as I am losing 4k CHF (Apr & May rent - agree I signed for this notice period but thought I could sublet) but unable to get a sublet in as there is no online official advert for my apartment...the fishy part is the agency keeping quiet, the neighbours are now also worried as no-one is talking. Wouldn't it be nice if the agency were honest and just said the building is being renovated...so we won't be getting anyone else in so pay up to May (which I will)...not a lot to ask.
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Old 14.03.2018, 11:48
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Re: Apartment not advertised despite giving notice

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It is unfair as I am losing 4k CHF (Apr & May rent - agree I signed for this notice period but thought I could sublet) but unable to get a sublet in as there is no online official advert for my apartment...the fishy part is the agency keeping quiet, the neighbours are now also worried as no-one is talking. Wouldn't it be nice if the agency were honest and just said the building is being renovated...so we won't be getting anyone else in so pay up to May (which I will)...not a lot to ask.
No, you are not losing that money as per the contract you owe it to the landlord, quite a difference.

Why would they have to inform you? You have handed in your notice so you are leaving anyway?
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Old 14.03.2018, 11:49
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Re: Apartment not advertised despite giving notice

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It is unfair as I am losing 4k CHF (Apr & May rent - agree I signed for this notice period but thought I could sublet) but unable to get a sublet in as there is no online official advert for my apartment
Again, you owe the money (as in you do not lose it) and if you want someone else in the apartment before the end of May, it is YOUR responsibility to find someone.

Quote:
...the fishy part is the agency keeping quiet, the neighbours are now also worried as no-one is talking. Wouldn't it be nice if the agency were honest and just said the building is being renovated...so we won't be getting anyone else in so pay up to May (which I will)...not a lot to ask.
Oh for heaven's sake, it's not a massive conspiracy.

If they plan to renovate the place, why would they look for a new tenant after you move out? It'd be silly to let someone into the place only to have to remove them again temporarily (or permanently) because they need to renovate the place?
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Old 14.03.2018, 11:52
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Re: Apartment not advertised despite giving notice

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If you've given notice within the framework of your rental contract why are you worried about them advertising your apartment? It's not your problem.

If you're moving outside of the framework of the contract it's up to you to find a new tenant, not the agency. They don't have to fill in the gap between you moving out and your contract ending.
Thank you for replying....how can I give the new tenants any concrete info (i.e. price) if the apartment is not advertised...I'm really curious why they would not advertise it as surely they would lose money also? Hence why all the tenants think the building is going to be renovated (which means higher rents for them).
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Old 14.03.2018, 11:54
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Re: Apartment not advertised despite giving notice

To find a Nachmieter, you don't need the agency to advertise (and as others have said, there is no requirement for them to advertise early for you.)

Your obligation is to find someone to take over the contract on the same terms as your contract, so you already know the price. If the agency or landlord wants to raise the price then your obligation ends (once you've found someone suitable to take over on the terms of your contract).
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Old 14.03.2018, 11:56
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Re: Apartment not advertised despite giving notice

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Thank you for replying....how can I give the new tenants any concrete info (i.e. price) if the apartment is not advertised...I'm really curious why they would not advertise it as surely they would lose money also? Hence why all the tenants think the building is going to be renovated (which means higher rents for them).
if you find someone to take over your contract, it will be for the same rent as yours. if the agency finds someone new per 1st June, they can increase the rent. for that reason, it could be that it is in the interest of the agency not to advertise now while it you be in your interest to find someone.
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Old 14.03.2018, 11:59
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Re: Apartment not advertised despite giving notice

Unless I'm missing something if you are sub letting until the end of the contact them all the details stay the same until the end of May.

As everyone has already said it's up to you to advertise if you want to sub let
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Old 14.03.2018, 12:00
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Re: Apartment not advertised despite giving notice

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(I am told it will have increased) so I am unable to tell people how much it is in order to get a sublet in.

It is my problem that I am losing 4k CHF (this is a lot of money) and frustrated that I cannot get them to admit the property will not be up for lease while they rake in the rent. Human kindness and honesty is not happening here...its 100% business and sucks.


You can only sublet as long as you are the main tenant. The landlord can refuse a sublet only under certain conditions set by law. But if the rent you charge for the sublet is the same as the rent you pay (plus some extra charge if the flat is furnished) it is fine from a financial point of view.

You can even charge your sub-tenant less rent then you pay. This could be financially the best solution if it is the only way to find a subtenant.

On the other hand, if you offer a replacement tenant the replacement tenant takes over the contract as is. Same rent, same conditions etc. From the time the replacement tenant signs the new contract and takes over the flat you are relieved of all your obligations. Like a sublet the landlord can refuse a replacement tenant only under certain conditions set by law.

If the landlord refuses to offer your replacement the very same contract you are relieved of your obligations as soon as you handed back the apartment.

The law is the Code of Obligation. An nonofficial English version can be found on the Swiss government website:
https://www.admin.ch/opc/en/classifi...ndex.html#a253
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Old 14.03.2018, 12:00
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Re: Apartment not advertised despite giving notice

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Again, you owe the money (as in you do not lose it) and if you want someone else in the apartment before the end of May, it is YOUR responsibility to find someone.



Oh for heaven's sake, it's not a massive conspiracy.

If they plan to renovate the place, why would they look for a new tenant after you move out? It'd be silly to let someone into the place only to have to remove them again temporarily (or permanently) because they need to renovate the place?
4k CHF is alot of money to some, I have money this is not the issue its the principle of being decent upfront and kind. Not also nice to learn the building has asbestos hence why the renovation! Still no email saying why the apartment is not being advertised online.
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Old 14.03.2018, 12:10
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Re: Apartment not advertised despite giving notice

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Thank you for replying....how can I give the new tenants any concrete info (i.e. price) if the apartment is not advertised...I'm really curious why they would not advertise it as surely they would lose money also? Hence why all the tenants think the building is going to be renovated (which means higher rents for them).
So all the remaining residents think that the building will be renovated purely on the info that you told them the agency didn't advertise the vacant apartment?

Maybe they will just renovate units as they are vacated, which isn't uncommon. Once it is vacated, they may or may not raise the rent. One of the few opportunities landlords get to put in a rent increase is when they get new tenants and/or renovate.
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Old 14.03.2018, 12:10
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Unless I'm missing something if you are sub letting until the end of the contact them all the details stay the same until the end of May.

As everyone has already said it's up to you to advertise if you want to sub let
Correct but I am not in Switzerland at the moment (job relocation) so its proving hard to do a sublet without me being there. I think i pay and shut up

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You can only sublet as long as you are the main tenant. The landlord can refuse a sublet only under certain conditions set by law. But if the rent you charge for the sublet is the same as the rent you pay (plus some extra charge if the flat is furnished) it is fine from a financial point of view.

You can even charge your sub-tenant less rent then you pay. This could be financially the best solution if it is the only way to find a subtenant.

On the other hand, if you offer a replacement tenant the replacement tenant takes over the contract as is. Same rent, same conditions etc. From the time the replacement tenant signs the new contract and takes over the flat you are relieved of all your obligations. Like a sublet the landlord can refuse a replacement tenant only under certain conditions set by law.


If the landlord refuses to offer your replacement the very same contract you are relieved of your obligations as soon as you handed back the apartment.

The law is the Code of Obligation. An nonofficial English version can be found on the Swiss government website:
https://www.admin.ch/opc/en/classifi...ndex.html#a253
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...

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Old 14.03.2018, 12:13
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Re: Apartment not advertised despite giving notice

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To find a Nachmieter, you don't need the agency to advertise (and as others have said, there is no requirement for them to advertise early for you.)

Your obligation is to find someone to take over the contract on the same terms as your contract, so you already know the price. If the agency or landlord wants to raise the price then your obligation ends (once you've found someone suitable to take over on the terms of your contract).
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 ;-))

Last edited by 3Wishes; 14.03.2018 at 16:41. Reason: removed wonky HTML tags that made spacing strange
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Old 14.03.2018, 12:19
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What???

a) you're not losing money, it is your obligation to pay until the end of May, that's what you agreed to when you signed the contract
b) your friends are, I'm assuming, big boys and girls and can decide themselves whether they want an apartment that may or may not be renovated and may or may not become more expensive
c) renovations happen everywhere occasionally or do you want to live in some ruin? Also, if they are planning a renovation, it's actually very fair they wouldn't advertise the place now
d) if you want to leave early and have a replacement tenant, that is YOUR responsibility and the landlord doesn't have to advertise anything for you
e) human kindness and honesty is "not happening here"? What in God's name are you even talking about?
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.

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So all the remaining residents think that the building will be renovated purely on the info that you told them the agency didn't advertise the vacant apartment?

Maybe they will just renovate units as they are vacated, which isn't uncommon. Once it is vacated, they may or may not raise the rent. One of the few opportunities landlords get to put in a rent increase is when they get new tenants and/or renovate.
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.

Last edited by 3Wishes; 14.03.2018 at 16:41. Reason: merging consecutive replies
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