 | | | 
21.01.2019, 19:36
| Newbie 1st class | | Join Date: May 2017 Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
| | 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.
| 
21.01.2019, 19:41
|  | Moderately Dutch | | Join Date: May 2011 Location: Zurich
Posts: 12,428
Groaned at 401 Times in 338 Posts
Thanked 16,605 Times in 7,582 Posts
| | 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
| The following 3 users would like to thank roegner for this useful post: | | 
21.01.2019, 19:46
| Newbie 1st class | | Join Date: May 2017 Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
| | 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?
| 
21.01.2019, 19:48
|  | Moderately Dutch | | Join Date: May 2011 Location: Zurich
Posts: 12,428
Groaned at 401 Times in 338 Posts
Thanked 16,605 Times in 7,582 Posts
| | Re: Early termination of lease agreement | Quote: | |  | | | 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
| The following 3 users would like to thank roegner for this useful post: | | 
21.01.2019, 19:52
| Newbie 1st class | | Join Date: May 2017 Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
| | Re: Early termination of lease agreement | Quote: | |  | | | 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?
| 
21.01.2019, 19:55
|  | Forum Legend | | Join Date: Oct 2006 Location: canton ZH
Posts: 13,131
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
| | Re: Early termination of lease agreement | Quote: | |  | | | 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".
| The following 4 users would like to thank curley for this useful post: | | 
21.01.2019, 19:57
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
Posts: 33,141
Groaned at 2,739 Times in 1,933 Posts
Thanked 40,410 Times in 19,053 Posts
| | Re: Early termination of lease agreement | Quote: | |  | | | 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
| The following 6 users would like to thank st2lemans for this useful post: | | 
21.01.2019, 20:52
| Forum Legend | | Join Date: Jun 2008 Location: Switzerland
Posts: 9,123
Groaned at 335 Times in 258 Posts
Thanked 20,868 Times in 7,336 Posts
| | 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.
| The following 3 users would like to thank k_and_e for this useful post: | | 
21.01.2019, 21:22
| | Re: Early termination of lease agreement | Quote: | |  | | | 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.
| This user would like to thank for this useful post: | | 
21.01.2019, 21:26
| | 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.
| This user would like to thank for this useful post: | | 
21.01.2019, 22:30
| Newbie 1st class | | Join Date: May 2017 Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
| | Re: Early termination of lease agreement | Quote: |  | | | 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
| 
21.01.2019, 23:22
|  | Forum Legend | | Join Date: Oct 2006 Location: canton ZH
Posts: 13,131
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
| | Re: Early termination of lease agreement | Quote: |  | | | 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.
| The following 2 users would like to thank curley for this useful post: | | 
21.01.2019, 23:26
| | Re: Early termination of lease agreement | Quote: | |  | | | 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.
| 
21.01.2019, 23:56
| Newbie 1st class | | Join Date: May 2017 Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
| | Re: Early termination of lease agreement
But i could do it in november, they wrote no need....
They wanted to increase the rent
| This user would like to thank Linuke for this useful post: | | 
22.01.2019, 00:03
|  | Forum Legend | | Join Date: Oct 2006 Location: canton ZH
Posts: 13,131
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
| | Re: Early termination of lease agreement | Quote: |  | | | 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?!
| This user would like to thank curley for this useful post: | | 
22.01.2019, 00:58
| | Re: Early termination of lease agreement | Quote: | |  | | | 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.
| 
22.01.2019, 00:59
| | Re: Early termination of lease agreement | Quote: | |  | | | Who's ready to move in in 9 days?! | | | | | Never knew February and March are so short | This user would like to thank for this useful post: | | This user groans at for this post: | | 
22.01.2019, 01:49
|  | Forum Legend | | Join Date: Oct 2006 Location: canton ZH
Posts: 13,131
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
| | Re: Early termination of lease agreement | Quote: |  | | | 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.
| 
22.01.2019, 05:16
| | Re: Early termination of lease agreement | Quote: | |  | | | 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 | The following 2 users would like to thank for this useful post: | | 
22.01.2019, 08:06
| Banned | | Join Date: Jan 2019 Location: close to the frontier
Posts: 1,018
Groaned at 140 Times in 85 Posts
Thanked 597 Times in 379 Posts
| | Re: Early termination of lease agreement | Quote: |  | | | Never knew February and March are so short  | | | | | If only they were.. warmer weather would come even sooner... | The following 3 users would like to thank Clocker for this useful post: | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | Thread Tools | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT +2. The time now is 06:05. | |