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-   -   Contract Termination & Replacement Tenant, Should I advertise my contract conditions? (https://www.englishforum.ch/housing-general/287486-contract-termination-replacement-tenant-should-i-advertise-my-contract-conditions.html)

brunobriner 24.10.2018 00:10

Contract Termination & Replacement Tenant, Should I advertise my contract conditions?
 
I am buying a flat and I need to leave before my next term of rent contract finishes, therefore I need to find a replacement tenant.

I have been living in the same place for the last 8 years and never asked for a reduction due to a lower mortgage rate :msncry:. My contract is with a 3% Mortgage rate and online calculations indicate a possible good reduction in my current rent if I stayed for the next term.

The problem is that the rent I pay is high compared to what you can find nearby. The apartment is not new anymore (it was when we moved in) and rents in general have decreased due to more offers. Just to have an idea, a similar apartment in the same building was recently rented only after the landlord gave a reduction of 200 CHF/month compared to the previous tenant!

In order to improve the attractiveness of my flat, can I advertise my contract conditions openly in the advertisement?

Or better, can I ask for the reduction to the landlord and use the calculated reduced rent value in the advertisement?

Markarina 24.10.2018 08:23

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
The reality is people are inherently lazy and there are no guarantees in life, so if you advertise with current conditions then there is no guarantee that they would get a rent reduction, they should. Also if you've done the work and got the reduction then it's easier for them and therefore a more attractive proposition, whereas if you don't do it then they start with a higher rate and have to work to get a lower rate, hassle they won't want.

Guest 24.10.2018 12:08

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Rents only have to be lowered due to a lower interest rate no earlier than the first possible cancellation date of which the cancellation period has not yet started.

So depending on your contract it might well be that they have to pay the high rate for another year.

Also a landlord can depending on the situation/contract perhaps counter this partly or whole with raises for other reasons. So you cannot advertise with a lower rent since you have no guarantee about this unless you get things in writing from the landlord.

What you need to do is asap send a letter to ask for the reduction due to the change of interest rate so when asked about you can tell that this already is being handled.

If you have trouble finding somebody for a takeover you could think of giving them a cash bonus when they sign to cover for the high rent.

I personally would not take your apartment if I for the next 8 months would have to pay lets say 300,- more compared to taking another equal apartment in your neighbourhood. However if you hand me the difference or part of it and tell me the procedure has been started I become much more likely to take over.

brunobriner 24.10.2018 13:31

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Quote:

Rents only have to be lowered due to a lower interest rate no earlier than the first possible cancellation date of which the cancellation period has not yet started.
I know this, in my case I am way ahead of the notice period. My new contract term starts in October 1st 2019 and my notice period is 3 months.

Quote:

So depending on your contract it might well be that they have to pay the high rate for another year.
I know.

Quote:

Also a landlord can depending on the situation/contract perhaps counter this partly or whole with raises for other reasons. So you cannot advertise with a lower rent since you have no guarantee about this unless you get things in writing from the landlord.
I also know that but very unlikely my landlord can give good reasons (e.g. proofs) to content that since no improvements have been done in my apartment nor in the building, and since I am quite ahead of time I have time to raise it to mediation.

Quote:

What you need to do is asap send a letter to ask for the reduction due to the change of interest rate so when asked about you can tell that this already is being handled.
This is what I want to do as soon as I get my mortgage loan and initiate with the notary, which I estimate takes place mid November. As I will take the apartment only in beginning of April'19, time is my friend in this regards too.

Quote:

If you have trouble finding somebody for a takeover you could think of giving them a cash bonus when they sign to cover for the high rent.

I personally would not take your apartment if I for the next 8 months would have to pay lets say 300,- more compared to taking another equal apartment in your neighbourhood. However if you hand me the difference or part of it and tell me the procedure has been started I become much more likely to take over.
Good suggestion and in my case the procedure of getting a calculated lower rent is likely to be settled.

I also know that the landlord is not forced to accept the new tenant under the same contract terms (which I think is not in their interest), it is just an easier way for me to get a replacement tenant to legally get me out of the hook.

Guest 24.10.2018 13:47

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Quote:

Originally Posted by brunobriner (Post 3005759)
I also know that the landlord is not forced to accept the new tenant under the same contract terms (which I think is not in their interest), it is just an easier way for me to get a replacement tenant to legally get me out of the hook.

It is not of your concern if a new tenant gets accepted or not, what is of your concern is if the reason of refusal is legally good enough for the landlord to keep demanding money from you.

brunobriner 25.10.2018 10:19

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
A question as it is not clear for me.

Can the formal request be sent way ahead of time for the next contract term, like 11 months before for a contract term of 12 months? In other words, can the landlord refuse to analyse it and provide a feedback by saying that I should send it only 3 to 4 months before the next contract term?

aSwissInTheUS 25.10.2018 11:22

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Quote:

Originally Posted by brunobriner (Post 3006041)
A question as it is not clear for me.

Can the formal request be sent way ahead of time for the next contract term, like 11 months before for a contract term of 12 months? In other words, can the landlord refuse to analyse it and provide a feedback by saying that I should send it only 3 to 4 months before the next contract term?

There is no "too early." You can request a rent reduction any time. If the landlord is nice he will lower the rent ASAP. If he plays by the book then he will lower it to the next possible cancellation date.

A true replacement tenant will take over the contract exactly as is, with all rights, obligations, and conditions as is. The only thing which changes is the name and signatures on the contract the rest must remain the same.

I would request the reduction now. Best if the landlord reduces the rent before the next cancellation date and you can already advertise with the lower rent. Otherwise think about offering a month of free rent.

brunobriner 25.10.2018 15:10

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Quote:

Originally Posted by aSwissInTheUS (Post 3006068)
There is no "too early." You can request a rent reduction any time. If the landlord is nice he will lower the rent ASAP. If he plays by the book then he will lower it to the next possible cancellation date.

Thank you for the reply. I am 100% sure my landlord will NOT be nice. I am anticipating having hard "discussions" in the rent reduction and I am willing to fight for it.

aSwissInTheUS 25.10.2018 15:28

Re: Contract Termination & Replacement Tenant, Should I advertise my contract conditi
 
Quote:

Originally Posted by brunobriner (Post 3006157)
Thank you for the reply. I am 100% sure my landlord will NOT be nice. I am anticipating having hard "discussions" in the rent reduction and I am willing to fight for it.

Use the example letter and calculator provided by ASLOCA. To be signed by all persons on the contract and send by registered mail.
http://www.asloca.ch/informations-pratiques/
http://www.asloca.ch/calculateur-de-loyer/

Landlord should answer within 30 days.


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