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Old 11.09.2018, 13:48
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Giving notice early: rental contract wording

Hi there,

Hubby and I have just decided to take the plunge and buy a house here

Our rental contract reads "it will be renewed under the same conditions for one year unless notice of termination is given by either party and received at least four months in advance for the next deadline and so on from year to year". It renews on November 1.

4 months notice was July 1. However, the owner of the house we are buying has asked for at least 6 months until we receive the keys, which means we will move around March or April 2019. Would it be possible to give notice early under this contract (given that the wording says "at least four months in advance for the next deadline"), or will we still need to find someone to take over the lease?

The house we rent is owned by a nice old Swiss lady and there is no agency involved, not sure if that will make a difference.

Many thanks in advance for any advice!
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Old 11.09.2018, 14:32
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Re: Giving notice early: rental contract wording

As long as you can find a renter that fits her needs to take over the lease, it should not matter.
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Old 11.09.2018, 15:06
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Re: Giving notice early: rental contract wording

Sometimes if it is a older apartment and the landlord want's to renovate or renew the flat you don't have to find someone.

If you have to find someone else but you are not able to there is the rule of thumb that you don't have to pay the full "nebenkosten" as you might move out and not use warm water, the escalator, garden or any other shared rooms.. but there is no "law" for that.
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Old 11.09.2018, 15:13
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Re: Giving notice early: rental contract wording

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there is the rule of thumb that you don't have to pay the full "nebenkosten" as you might move out and not use warm water, the escalator, garden or any other shared rooms.. but there is no "law" for that.
There is no law for that, nor any rule of thumb that the amount you pay depends in anyway on your actual presence.

Tom
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Old 11.09.2018, 15:32
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Re: Giving notice early: rental contract wording

well we are moving out early currently and we agreed that with our landlord because it's "fair"
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Old 11.09.2018, 15:53
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Re: Giving notice early: rental contract wording

Thanks all. I was actually wondering if I could give, say, 6 months notice and not have to find anyone, since the contract says "at least four months in advance".

Presumably if I give notice on 1 July I wouldn't have to find a replacement. Or would I need to do this anyway?
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Old 11.09.2018, 20:15
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Re: Giving notice early: rental contract wording

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Thanks all. I was actually wondering if I could give, say, 6 months notice and not have to find anyone, since the contract says "at least four months in advance".

Presumably if I give notice on 1 July I wouldn't have to find a replacement. Or would I need to do this anyway?
From what I understand you can only give notice once a year, beginning of November. So yes you can send the cancellation earlier than 3 months but you will have to pay rent until then. Which might not be a bad thing since most houses are not ready when they are supposed to be. This then won't be a problem for you.
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Old 12.09.2018, 14:36
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Re: Giving notice early: rental contract wording

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Thanks all. I was actually wondering if I could give, say, 6 months notice and not have to find anyone, since the contract says "at least four months in advance".

Presumably if I give notice on 1 July I wouldn't have to find a replacement. Or would I need to do this anyway?
The 4-month notice period relates to the cancel date (October 31).

Your earliest contractual cancel date is end of October 2020. Notice must have been received not later than June 30, 2020, that is, at least four months before the cancel date. You could give notice to that effect at any time between now and June 2020.
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