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-   -   Breaking rental agreement - leaving CH - non EU (https://www.englishforum.ch/housing-general/288154-breaking-rental-agreement-leaving-ch-non-eu.html)

Lemonad 21.11.2018 22:47

Breaking rental agreement - leaving CH - non EU
 
Hello!

I accepted a job abroad and am planning to leave sunny Lugano at the end of Dec. My rental contract, on the other hand, does not allow cancelling before 30.06 so the usual find a new tenant story kicks in. I have been looking for somebody for 2 weeks now and it is getting quite challenging, seems like the market is saturated. Despite the quite good price and location (in my view), people just check the place but do not apply. I am non-EU and have B permit bounded to my employment so when I am no longer employed I am not legally allowed to stay in CH and I assume rent an apartment. I know there is a possibility to break the rent due to the important reason, could this be one? Is there any other way out? I have already informed the agency about the termination of course.

Thanks a lot for your help.

Troublawesome 21.11.2018 22:49

Re: Breaking rental agreement - leaving CH - non EU
 
Yes, there's a way. Pay up your side of the contract.


Alternatively, drop the rent by 50% and you'll find a tenant in no time. 50% is still better than 0%

aSwissInTheUS 21.11.2018 23:18

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Lemonad (Post 3015862)
I am non-EU and have B permit bounded to my employment so when I am no longer employed I am not legally allowed to stay in CH and I assume rent an apartment. I know there is a possibility to break the rent due to the important reason, could this be one? Is there any other way out? I have already informed the agency about the termination of course.

No need for a permit to rent an apartment. You can still use it as your holiday home. Your bad if you do not get a visa in case you need one as a tourist.

Important reasons? Not even death gets you out of a rental contract. It reduces the notice period a bit at best. Why do you think moving abroad would be a better reason than death?

It is not the landlords problem if you wish to persuade other opportunities abroad. A contract is a contract, and a deal is a deal. He provides the place, you the rent or a replacement tenant.

To sweeten the deal you might have to offer some months of free rent. It is not the time of year were people normally move. End of March or End of September are much better.

Lemonad 21.11.2018 23:50

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by aSwissInTheUS (Post 3015867)
No need for a permit to rent an apartment. You can still use it as your holiday home. Your bad if you do not get a visa in case you need one as a tourist.

Important reasons? Not even death gets you out of a rental contract. It reduces the notice period a bit at best. Why do you think moving abroad would be a better reason than death?

As a tourist, I cannot stay in Switzerland as long as the rent goes which makes the usage quite impossible.

And in fact if you die you are out:
Weitere Gründe, die zur ausserordentlichen Kündigung berechtigen, sind der Konkurs oder der Tod des Mieters (Art. 266h OR und Art. 266i OR).

But I was referring to the following:

III. Ausserordentliche Kündigung 1. Aus wichtigen Gründen
1 Aus wichtigen Gründen, welche die Vertragserfüllung für sie unzumutbar machen, können die Parteien das Mietverhältnis mit der gesetzlichen Frist auf einen beliebigen Zeitpunkt kündigen.
2 Der Richter bestimmt die vermögensrechtlichen Folgen der vorzeitigen Kündigung unter Würdigung aller Umstände.

The reasons are not clearly defined, I am just wondering if anybody was lucky enough or knows another way out. It is clear to me that putting money on the table could be a solution but it is a waste.

In any case, thanks for your feedback. I understand the market is tough and the landlord has the right for the rental payments, on the other hand, it is hard to tailor life circumstances to the cancellation dates.

ivank 22.11.2018 00:21

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Lemonad (Post 3015875)
III. Ausserordentliche Kündigung 1. Aus wichtigen Gründen
1 Aus wichtigen Gründen, welche die Vertragserfüllung für sie unzumutbar machen, können die Parteien das Mietverhältnis mit der gesetzlichen Frist auf einen beliebigen Zeitpunkt kündigen.

Your part of 'Vertragserfüllung' is to pay the f'ing rent to the landlord. Are you broke or what?

The landlord on other hand has to provide you the apartment in a good liveable state and so far you've indicated nothing whatsoever that he's having trouble keeping up with his part of the deal.

aSwissInTheUS 22.11.2018 00:59

Re: Breaking rental agreement - leaving CH - non EU
 
Death is handled in Art. 266i Code of Obligations
https://www.admin.ch/opc/en/classifi...dex.html#a266i

Quote:

In the event of the death of the tenant or lessee, his heirs may terminate the contract by giving the legally prescribed notice expiring on the next admissible termination date.
Thats March 29th in Lugano.
https://www.homegate.ch/mieten/ratge...digungstermine

Exactly what I said. It reduces the notice period a bit.

Regarding Art. 266h Code of Obligations I point you to the canton Zurich rental court: http://www.gerichte-zh.ch/themen/mie...-gruenden.html
It states that the exceptional circumstances must not have been arisen by the tenants own willful actions.

Medea Fleecestealer 22.11.2018 07:31

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Troublawesome (Post 3015864)
Yes, there's a way. Pay up your side of the contract.


Alternatively, drop the rent by 50% and you'll find a tenant in no time. 50% is still better than 0%

Would that get him out of paying the other 50% though? My understanding is the new tenant has to take it over under the same rental conditions.

Urs Max 22.11.2018 08:03

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Medea Fleecestealer (Post 3015912)
Would that get him out of paying the other 50% though? My understanding is the new tenant has to take it over under the same rental conditions.

No it wouldn't, but paying 50% is better than paying 100%. Presumably that's what troubleawesome meant. Unless the other renter enters into the contract in the middle of next year, after which point he'd have to pay 100%, OP would have to give notice as per then.

curley 22.11.2018 10:29

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Lemonad (Post 3015875)
......
And in fact if you die you are out:
Weitere Gründe, die zur ausserordentlichen Kündigung berechtigen, sind der Konkurs oder der Tod des Mieters (Art. 266h OR und Art. 266i OR)......

But I was referring to the following:

III. Ausserordentliche Kündigung 1. Aus wichtigen Gründen
1 Aus wichtigen Gründen, welche die Vertragserfüllung für sie unzumutbar machen, können die Parteien das Mietverhältnis mit der gesetzlichen Frist auf einen beliebigen Zeitpunkt kündigen.
2 Der Richter bestimmt die vermögensrechtlichen Folgen der vorzeitigen Kündigung unter Würdigung aller Umstände..

You're not. Believe me. The moment you die all your assets are frozen, no access to your bank-accounts until the heirs have a signed and sealed paper.
Except: The bank will pay the rent while all this is cleared, if the bill is presented to them :D
Yeah, yeah, it's good to be a landlord here ;)

As to a possible court case - I suspect by the time you got the verdict it is June.

Now to the question that sounds stupid yet is unfortunately the most effective one on EF:
Did you talk to the landlord?

Tom1234 22.11.2018 10:51

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Lemonad (Post 3015862)
Despite the quite good price and location (in my view), people just check the place but do not apply.

Are you saying that people see the advert, like what they see (and the price), make an appointment but then don't like the place when they actually view it?

If so then it could possibly be your fault.

Is it tidy?
Is it too cluttered?
Is it spotlessly clean?
Are the windows clean?
Does it smell bad? Food or worse?
Does it look inviting?
Can the people who come and view it see themselves in it?

You need to sell the place to them (not literally).

doropfiz 22.11.2018 14:48

Re: Breaking rental agreement - leaving CH - non EU
 
Do you have an application form ready, for when anyone comes to view? Get them to provide all the standard betails, and to declare that they are solvent and willing to take over the flat at the same conditions at which you now rent, starting from DATE. Keep a copy. Send that to your landlord, asking for confirmation that you will thereby be released from the lease.

Yeah, but as Curley said, first speak to your landlord.

Once you've done that, speak to all your neighbours, too, and put a flyer in every letterbox in the streets around yours. If you liked living there, chances are the neighbours do, too, and they may have friends or relations who'd like to move into the area.
Send the info to all the major employers in the area, who may need accommodation for their incoming staff.

Lemonad 23.11.2018 14:45

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by aSwissInTheUS (Post 3015887)
Death is handled in Art. 266i Code of Obligations
https://www.admin.ch/opc/en/classifi...dex.html#a266i


Thats March 29th in Lugano.
https://www.homegate.ch/mieten/ratge...digungstermine

Exactly what I said. It reduces the notice period a bit.

Regarding Art. 266h Code of Obligations I point you to the canton Zurich rental court: http://www.gerichte-zh.ch/themen/mie...-gruenden.html
It states that the exceptional circumstances must not have been arisen by the tenants own willful actions.

I am not planning to die, even if that happens, this would hardly bother me at this stage. Sorry, but your comment is not quite relevant for me.

Lemonad 23.11.2018 14:47

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by curley (Post 3015953)
Now to the question that sounds stupid yet is unfortunately the most effective one on EF:
Did you talk to the landlord?

I would try to find other solution than death to be honest.
Yes, i have talked to the agency, so far i have find to find a successor.

Lemonad 23.11.2018 14:48

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Tom1234 (Post 3015963)
Are you saying that people see the advert, like what they see (and the price), make an appointment but then don't like the place when they actually view it?

If so then it could possibly be your fault.

Is it tidy?
Is it too cluttered?
Is it spotlessly clean?
Are the windows clean?
Does it smell bad? Food or worse?
Does it look inviting?
Can the people who come and view it see themselves in it?

You need to sell the place to them (not literally).

thanks for (finally valuable) comment.
Yes, i believe the place is tidy, looks fine. Most common feedback is that there is no balcony and the parking is in the blue zone.
I will clean again and hide even more stuff.

curley 23.11.2018 14:49

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Lemonad (Post 3015875)
...... And in fact if you die you are out:
Weitere Gründe, die zur ausserordentlichen Kündigung berechtigen, sind der Konkurs oder der Tod des Mieters (Art. 266h OR und Art. 266i OR).

Quote:

Originally Posted by Lemonad (Post 3016351)
I am not planning to die, even if that happens, this would hardly bother me at this stage. Sorry, but your comment is not quite relevant for me.

Then why bring it up?

Lemonad 23.11.2018 14:54

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by doropfiz (Post 3016030)
Do you have an application form ready, for when anyone comes to view? Get them to provide all the standard betails, and to declare that they are solvent and willing to take over the flat at the same conditions at which you now rent, starting from DATE. Keep a copy. Send that to your landlord, asking for confirmation that you will thereby be released from the lease.

Yeah, but as Curley said, first speak to your landlord.

Once you've done that, speak to all your neighbours, too, and put a flyer in every letterbox in the streets around yours. If you liked living there, chances are the neighbours do, too, and they may have friends or relations who'd like to move into the area.
Send the info to all the major employers in the area, who may need accommodation for their incoming staff.

thanks for the tips! I have the forms printed out and i give them to the people who comes over. Usually they need to submit filled in form to the agency directly (at least in Ticino what is what is usually done). I can try to make them to fill that in right away or send a copy to me, hope that works.
Checking with my employer now too, maybe something will come out of it.

Lemonad 23.11.2018 15:01

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by curley (Post 3016357)
Then why bring it up?

just answering one of the comments above?

Today only 23.11.2018 15:13

Re: Breaking rental agreement - leaving CH - non EU
 
So because you have found something different this leads you to beleive that you maybe able to break other contracts that no longer suit you.


I wonder how you will feel when you've moved to your new job and settled in when you new boss, say well ,we've changed our mind so we're just going to break the contract with no reference to any of the clauses that may mean we have to pay something to you.

LuganoPirate 23.11.2018 15:47

Re: Breaking rental agreement - leaving CH - non EU
 
I'm speaking now as a landlord and have experienced this problem several times.

You signed a contract which is legally binding, so legally you have to pay up to the end of the contract.

Saying that, I've had tenants just up sticks and go, and here's the problem. Your landlord could try and sue you wherever you are. I've used agencies in the past but of six cases only been 100% successful once in recuperating the rent and costs. Three times I ended up with about 50% and twice nothing at all except costs I had to pay.

The problem is that with a valid contract I have to follow certain legal procedures, I can't just go in and change the locks, even if I know the tenant has left for good.

So from my side I negotiate with the tenant (or perhaps I should say they negotiate with me) and if I can get 50% of what is due I accept it and we can all move on. In the end this saves me costs, the tenant hassle, gives me time to do a quick refurb and If I'm lucky perhaps an extra months rent.

Even a legally binding contract can be renegotiated, so my advice is negotiate with them and maybe they will agree to let you go.

Lemonad 23.11.2018 16:19

Re: Breaking rental agreement - leaving CH - non EU
 
Quote:

Originally Posted by Today only (Post 3016372)
So because you have found something different this leads you to beleive that you maybe able to break other contracts that no longer suit you.


I wonder how you will feel when you've moved to your new job and settled in when you new boss, say well ,we've changed our mind so we're just going to break the contract with no reference to any of the clauses that may mean we have to pay something to you.

I am honestly a bit surprised by the abundance of very negative comments as if i am doing something illegal. It is not like i am saying from today to tomorrow that i want to leave, the landlord has been informed min 2 months in advance. So yes, it makes me think that the same as in the other countries there is a chance to solve the problem in another way.


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