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Old 12.09.2018, 18:36
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Re: Contract termination on a shared apartment, how ?

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Would the resolution of this "Schlichtungsbehörde" be enough to get rid of this situation and for me to leave if I find new tenants ? If not, the next step is the court directly ?
No, the Schlichtungsbehörde has no power to order or issue a verdict. It takes an judicial verdict to dissolve your contract if the three don't find a solution.

But if you can't dissolve the thing with reason you should be able to sublet your room. Including AirBnB. There's your bazooka.

Last edited by Urs Max; 12.09.2018 at 18:49.
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Old 12.09.2018, 19:10
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Re: Contract termination on a shared apartment, how ?

It's not just WGs, we have a similar situation with some jointly inherited property, and no, there is not a lot you can do without lawyers, courts, and money.

Also, it's not just a Swiss thing, we have similar problems in Italy as well.

Tom
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  #23  
Old 12.09.2018, 20:24
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Re: Contract termination on a shared apartment, how ?

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I went back to the correspondence I had with the Mieterverband back in the day. In summary you must come to an agreement between you, 2nd and 3rd. This is not a "Mietrecht" problem (between tenants and rental agency) but a "Gesellschaftrecht" problem (as co-signatories of a contract, you are seen as a "society").

True.


Getting your Vermieter to terminate is the easiest option, but I don't know how realistic that is.



The best way forward that I can see is to get some legal advice. I already provided the info for the Zürich courts. Here is another: https://www.zav.ch/en//fuer-rechtssu...tsstellen.html


This is FREE legal advice provided by Swiss lawyers.


A word about the Schlichtungsbehörde: its purpose is to help the parties reach an agreement (and reduce the number of cases going to court). If the parties reach a settlement, it has the same effect as a court judgment - just without the lawyers and costs.
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Old 13.09.2018, 06:19
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Re: Contract termination on a shared apartment, how ?

I knew someone else in this same situation, and she ended up subleasing her room until she could dissolve the contract. (Eventually the tenant who was staying and the subleasing tenant agreed to a new contract.)
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Old 13.09.2018, 11:56
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Re: Contract termination on a shared apartment, how ?

Hey,


As the 3rd has insisted me that he will find somebody for 1st November but as I don't trust this because I want legal things.... what if I create a document that says something like:

"From 1st November 2018, xxxxxx (me) is not liable nor responsible from any of the payments of the flat corresponding to the part of xxxxxx (me), and the responsibility of the apartment resides totally on the 3rd"

So we both sign. Would this paper be valid in the case things get really bad and we go to court or something like this ?

signed and passport copy and some photo etc. etc.
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Old 13.09.2018, 12:33
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Re: Contract termination on a shared apartment, how ?

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Hey,


As the 3rd has insisted me that he will find somebody for 1st November but as I don't trust this because I want legal things.... what if I create a document that says something like:

"From 1st November 2018, xxxxxx (me) is not liable nor responsible from any of the payments of the flat corresponding to the part of xxxxxx (me), and the responsibility of the apartment resides totally on the 3rd"

So we both sign. Would this paper be valid in the case things get really bad and we go to court or something like this ?

signed and passport copy and some photo etc. etc.
You can sign among each other whatever you please, the liability towards the landlord is contractual and does not change.

If the 3rd makes 50K damage, and leaves in 5 yrs towards Syria or simply has no money with also a rental debt of 10K they'll be knocking on your door for the money you legally own them.

Perhaps you should ask the 3rd person how he feels about this, and what would be the best way to solve this in a way which is acceptable for all, and perhaps the both of you shift some money towards the 3rd to change his mind. And has the landlord been asked about how he feels about making a new contract? You all have to come to an agreement to this, and since it is the two of you who want to get out and the 3rd is perfectly fine with keeping all as is it is the two of you who have to come up with compromises. Surely it be great if the 3rd would be easy about all, but he is the one taking the risks here, not you.
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Old 13.09.2018, 13:44
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Re: Contract termination on a shared apartment, how ?

I just got an reply to my question from the real estate agency

I asked them if I can remove my name from the contract and be c/o their house. They replied the following:

To remove my name from the contract I just need to send them a letter, signed by the three of us, indicating that I no longer want to be part of the contract after 31st October and we all agree on that. Moreover, I need to send a sub-location contract as I will be c/o up to this time

What do you think ? With that I no longer will have contract responsibilities and I will be there until the 31st October and I can start searching because the 1st November I am no longer on the actual contract
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Old 13.09.2018, 14:22
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Re: Contract termination on a shared apartment, how ?

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I just got an reply to my question from the real estate agency

I asked them if I can remove my name from the contract and be c/o their house. They replied the following:

To remove my name from the contract I just need to send them a letter, signed by the three of us, indicating that I no longer want to be part of the contract after 31st October and we all agree on that. Moreover, I need to send a sub-location contract as I will be c/o up to this time

What do you think ? With that I no longer will have contract responsibilities and I will be there until the 31st October and I can start searching because the 1st November I am no longer on the actual contract
If I'd be one of the other renters I'd only sign that paper for you if I have a full guarantee that my rent/nebenkosten will not change due to this.

What your paper does is making the others responsible for the whole contract, they'd be extremely dumb to sign such. (unless they have the money and want to sub-let themselves)

Stop thinking of only yourself. You signed the contract together, and since you want out it is you who has to come up with a solution that works for all, and that solution is not to simply shift all your responsibilities towards the other involved parties.
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  #29  
Old 16.09.2018, 19:01
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Re: Contract termination on a shared apartment, how ?

As mentioned in this thread already, there is probably a difference between what two of you want (ditch the agreement) and fair solution from the perspective of person number three. Some hurt feelings in the game? Try to make peace (or semblance of such) and negotiate.
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