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Old 21.01.2019, 19:36
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Early termination of lease agreement

Hello guys,

We terminated our lease agreement in November as per the end of January. The Verwaltung wrote me e-mail that they probably release us from contract obligations and we do not neen to look for a new tennant. Then they put an add to Homegate increasing curent rental price up to 30 %. For such a price they ddid not find anybody and i got a bill for February- March today.
What should I do? For the price we pay now I would have found someone already but not for 600 Franks more per month for 2 rooms appartment.
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Old 21.01.2019, 19:41
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Re: Early termination of lease agreement

What is your notice period? They can only bill you for the part where your rental contract was still valid, so probably 3 months
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Old 21.01.2019, 19:46
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Re: Early termination of lease agreement

3 month (March and October), so it is till October

But the question is that legal if i shold to look for a mew tennant for the unrealistic price?
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Old 21.01.2019, 19:48
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Re: Early termination of lease agreement

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3 month (March and October), so it is till October
If you send in notice in November, your contract ends per March. And no, you have to pay only what your contract says, not an increased rent
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Old 21.01.2019, 19:52
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Re: Early termination of lease agreement

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If you send in notice in November, your contract ends per March. And no, you have to pay only what your contract says, not an increased rent
But they sent me email that i dont need to look for new tennants. Is is not a release from obligation?
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Old 21.01.2019, 19:55
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Re: Early termination of lease agreement

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Hello guys,

We terminated our lease agreement in November as per the end of January. The Verwaltung wrote me e-mail that they probably release us from contract obligations and we do not neen to look for a new tennant. Then they put an add to Homegate increasing curent rental price up to 30 %. For such a price they ddid not find anybody and i got a bill for February- March today.
What should I do? For the price we pay now I would have found someone already but not for 600 Franks more per month for 2 rooms appartment.
Did you keep their email about them looking for a tenant?
Did you print out their hospoint add (if not is it still in there - print it out now. Don't only save the link )

Take the two things, go talk to them first.
Them making you believe they will look for a "Nachmieter" at the same terms as you were allowed to find one was at least missleading.

If they don't listen, take the print outs to the "Mieterverband".
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Old 21.01.2019, 19:57
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Re: Early termination of lease agreement

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If you send in notice in November, your contract ends per March. And no, you have to pay only what your contract says, not an increased rent
I think that she doesn't want to pay for February and March, not that she has to pay the increased rent.

Tom
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Old 21.01.2019, 20:52
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Re: Early termination of lease agreement

try to find a nachmieter anyway so that the Verwaltung will either be stuck with someone on lower rent or has to release you from the contract.
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Old 21.01.2019, 21:22
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Re: Early termination of lease agreement

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Hello guys,

We terminated our lease agreement in November as per the end of January. The Verwaltung wrote me e-mail that they probably release us from contract obligations and we do not neen to look for a new tennant.

And that is where you should have started to look for someone to take-over.

If the new contract would have been 30% higher you would have been of the hook already.
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Old 21.01.2019, 21:26
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Re: Early termination of lease agreement

How can the landlord increase the rent by 30%? Have they done a lot of renovation work in the last month or two???

Regardless, you're responsible for the rent up to the end of the notice period. That obligation is relieved if you make genuine efforts to introduce a Nachmieter (even if the landlord rejects your proposed tenants). However, it is unreasonable to expect you to find a Nachmieter at 130% of the current rent (if that is even legally permissible).

As curley said, if you have an email that states explicitly that you do not need to find a Nachmieter and are off the hook as of 31 January -- and not "that they probably release us from contract obligations" -- then I'd say you're in the clear. No need to pay past January, and you have documentary proof.

ETA: beaten to the "probably" by Edwin.
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Old 21.01.2019, 22:30
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Re: Early termination of lease agreement

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How can the landlord increase the rent by 30%? Have they done a lot of renovation work in the last month or two???

Regardless, you're responsible for the rent up to the end of the notice period. That obligation is relieved if you make genuine efforts to introduce a Nachmieter (even if the landlord rejects your proposed tenants). However, it is unreasonable to expect you to find a Nachmieter at 130% of the current rent (if that is even legally permissible).

As curley said, if you have an email that states explicitly that you do not need to find a Nachmieter and are off the hook as of 31 January -- and not "that they probably release us from contract obligations" -- then I'd say you're in the clear. No need to pay past January, and you have documentary proof.

ETA: beaten to the "probably" by Edwin.
He is not increasing it to me, but they look for anew tennant at increased price
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Old 21.01.2019, 23:22
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Re: Early termination of lease agreement

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How can the landlord increase the rent by 30%? Have they done a lot of renovation work in the last month or two???

Regardless, you're responsible for the rent up to the end of the notice period. That obligation is relieved if you make genuine efforts to introduce a Nachmieter (even if the landlord rejects your proposed tenants). However, it is unreasonable to expect you to find a Nachmieter at 130% of the current rent (if that is even legally permissible).

As curley said, if you have an email that states explicitly that you do not need to find a Nachmieter and are off the hook as of 31 January -- and not "that they probably release us from contract obligations" -- then I'd say you're in the clear. No need to pay past January, and you have documentary proof.

ETA: beaten to the "probably" by Edwin.
Yes, if OP also has the print out of the ad with 30% increase, the probably email is useful. In fact it's good as it proves they tried to pull one over him.
It's pretty clear that they didn't want him to present a "Nachmieter" at the lower price yet wanted to leave the possibility of him paying until the end of the contract open, in case they wouldn't find a dummy who'd payed the new price.
Have the cake and eat it too. But having that print out of the ad is crucial.
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Old 21.01.2019, 23:26
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Re: Early termination of lease agreement

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Yes, if OP also has the print out of the ad with 30% increase, the probably email is useful. In fact it's good as it proves they tried to pull one over him.
It's pretty clear that they didn't want him to present a "Nachmieter" at the lower price yet wanted to leave the possibility of him paying until the end of the contract open, in case they wouldn't find a dummy who'd payed the new price.
Have the cake and eat it too. But having that print out of the ad is crucial.
Given that he already cancelled there is no reason he can't find a nachmieter for the remaining contractual period.
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Old 21.01.2019, 23:56
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Re: Early termination of lease agreement

But i could do it in november, they wrote no need....
They wanted to increase the rent
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Old 22.01.2019, 00:03
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Re: Early termination of lease agreement

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Given that he already cancelled there is no reason he can't find a nachmieter for the remaining contractual period.
Who's ready to move in in 9 days?!
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Old 22.01.2019, 00:58
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Re: Early termination of lease agreement

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He is not increasing it to me, but they look for anew tennant at increased price
Yes, I get that. I didn't say that you would need to pay the new rent, or that it applied to you.
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Old 22.01.2019, 00:59
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Re: Early termination of lease agreement

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Who's ready to move in in 9 days?!
Never knew February and March are so short
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Old 22.01.2019, 01:49
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Re: Early termination of lease agreement

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Never knew February and March are so short
Reading OP's posts helps a lot. But if that's too exhausting for you:
They cancelled by end of January. They don't want to pay February and March.
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Old 22.01.2019, 05:16
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Re: Early termination of lease agreement

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Reading OP's posts helps a lot. But if that's too exhausting for you:
They cancelled by end of January. They don't want to pay February and March.
Surely they don't want to, but since nobody ever agreed on them stopping the contract on that date they at this moment do have a contract and an apartment for those two months.

It's all in the first post, unless that is to exhausting for you
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Old 22.01.2019, 08:06
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Re: Early termination of lease agreement

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Never knew February and March are so short
If only they were.. warmer weather would come even sooner...
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