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Old 26.04.2018, 18:21
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Sublease contract for 1 year - no notice period ? or exit fees with notice period?

Hello,

I am going to sublease a flat for 1 year duration, as agreed with the lessor.

As we are going through writing the contract (using this template: https://www.mieterverband.ch/dam/jcr...wohnraeume.pdf), I suggested to tick the box for the notice period with 3 months minimum as this is the legal minimum period.

The lessor then told me as he is looking for a tenant for 1 year, which is the reason I was chosen (and this is indeed the duration I want!), but if I insist on getting a 3 months notice period, he would add some exit fees, as ideally he want someone for 1 year. Otherwise, he will have to come back to Switzerland from abroad and find another tenant for the rest of the period so those fees would cover those cost.

I am not planning to leave during the 1 year housing contract, but you never know sometimes, and I feel it is weird to have a contract with no notice period policy stated, or "exit fees".
As a matter of fact, I have never seen before nor signed in France/US/UK a housing contract without a notice period policy.

Should I just insist for 3 months notice period (without exit fees) as this seems common?
Or what "exit fees" would be reasonable?
Or would you recommend another option to suggest to the lessor?

Many thanks for your help!
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Old 26.04.2018, 18:43
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Re: Sublease contract for 1 year - no notice period ? or exit fees with notice period

For time limited rental contracts of 12 months or less no early regular cancellation is common.

For regular unlimited open ended contracts a minimum of 12 months before first possible regular cancellation is also common.

If you want to get out earlier you still have the option of Art. 264 Code of Obligations https://www.admin.ch/opc/en/classifi...ndex.html#a264 (find a suitable and solvent replacement on your own) This option can not be overruled by contract.
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Old 27.04.2018, 11:36
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Re: Sublease contract for 1 year - no notice period ? or exit fees with notice period

Thank you for your answer and explanation!

So its seems it is common to have no notice period for 1 year contract here then! That is reassuring, as I want to make sure the contract is "legit".

I will still discuss any exit fees for notice period with the lessor, just in case for exceptional circumstances where I would need to give notice.

If anyone has any experience/other suggestion for this situation, happy to hear that!
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Old 27.04.2018, 13:31
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Re: Sublease contract for 1 year - no notice period ? or exit fees with notice period

Any sort of "exit fees" in rental contracts are void by law, the law specifically says so, only actual damages are owed.

You can in principle play along and agree to them inwriting and when he tries to charge them teach him a lesson. Make sure though that your deposit is in a locked Mietkautions account, so that he would have to fight first to get any of it
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Old 28.04.2018, 15:33
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Re: Sublease contract for 1 year - no notice period ? or exit fees with notice period

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Any sort of "exit fees" in rental contracts are void by law, the law specifically says so, only actual damages are owed.
Correct, but I think that's not what OP has in mind though it's the term used.

I think OP wants to have the cake and eat it, too, s/he wants a fixed term lease s/he can contractually cancel early. If the landlord agrees to this in the first place, obviously he'll want to be reimbursed for that additional risk, by for instance an early-cancellation fee and/or increased rent.
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