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Old 24.01.2019, 11:58
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Nachmieter - how long can landlord decide?

I did read some other threads here about Nachmieter before posting, I didn't find answers to my specific question though. I hope someone can help.

I am leaving Switzerland in the end of February, but my contract runs until end of March. I have given notice back in November which was aknowledged by the LL (a small agency). I have then contacted them couple of weeks ago explaining that I will move out in the end of February - gave them an option of either a) I find a nachmieter willing to rent the apartment from 1st March, b) They let me go in the end of Feb if they have other plans for the apartment.
The agency advised that they agree to me finding a nachmieter and provided application forms.

Its a nice apartment, I had some viewings this week and some people applying for the apartment. There is one tenant who is particularly interested so I've even sent a follow up email to the landlord recommending them.

Now even though the demand in Zurich exceeds the supply, there is still quite a bit of supply and this potential tenant has another offer.

I am wondering how long is it reasonable to expect the landlord to "decide" on an application(s)? Is there anything that keeps them from sitting on the application for a week or two, so that the applicant accepts another offer in the meantime? Is there anything I can/should do to accelerate the process and/or make sure I'm off the hook for the rent in March? I do want to help out this prospective tenant to get the apartment, and I also want to make sure I'm not paying for the apartment in March.

Thanks for all the tips!!
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Old 24.01.2019, 12:55
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Re: Nachmieter - how long can landlord decide?

A few days so they can send the letter to the nachmieter asking him for all papers , the nachmieter could need a few days to gather and send this. After which the firm has up to two weeks to handle these and send out the contract after which the nachmieter needs to sign this and return it. And than you are completely of the hook.

If they take to long, or refuse the nachmieter even tho he is fine you are of the hook also.

If you want to speed things up next time, ask them upfront what they need from a nachmieter so you can ask yourself for this and send a full package to the agency.
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Old 24.01.2019, 13:23
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Re: Nachmieter - how long can landlord decide?

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A few days so they can send the letter to the nachmieter asking him for all papers , the nachmieter could need a few days to gather and send this. After which the firm has up to two weeks to handle these and send out the contract after which the nachmieter needs to sign this and return it. And than you are completely of the hook.

If they take to long, or refuse the nachmieter even tho he is fine you are of the hook also.

If you want to speed things up next time, ask them upfront what they need from a nachmieter so you can ask yourself for this and send a full package to the agency.
Thanks! I believe the prospective tenant has sent all the possible required documents right away - the application form, permit (same type as me), work contract, passport copy, betreibung, etc... So my guess is that we're hopefully in the "two weeks" stage already. Is the two weeks timeframe set in some sort of document or is it just a common practice/knowledge?
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Old 24.01.2019, 13:34
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Re: Nachmieter - how long can landlord decide?

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Thanks! I believe the prospective tenant has sent all the possible required documents right away - the application form, permit (same type as me), work contract, passport copy, betreibung, etc... So my guess is that we're hopefully in the "two weeks" stage already. Is the two weeks timeframe set in some sort of document or is it just a common practice/knowledge?
There is no time frame mentioned in the Art. 264 CO. I can't tell though if there is one for the canton of Zurich.
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Old 24.01.2019, 13:49
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Re: Nachmieter - how long can landlord decide?

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There is no time frame mentioned in the Art. 264 CO. I can't tell though if there is one for the canton of Zurich.
Times are based on court cases about the issue which gives us an idea about what is reasonable.

Businesses may use 10 to 20 days depending on the situation (in general a lot of places name 14 days once the agency/landlord has gotten the papers), private persons may take up to a month if they need such to do all.
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Old 24.01.2019, 14:10
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Re: Nachmieter - how long can landlord decide?

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Times are based on court cases about the issue which gives us an idea about what is reasonable.

Businesses may use 10 to 20 days depending on the situation (in general a lot of places name 14 days once the agency/landlord has gotten the papers), private persons may take up to a month if they need such to do all.
Correct. A good way around it is for the tenant to gather all documents from the candidates and then send to the landlord/agency by a registered mail, thus having proofs that the complete documentation was sent (and when they were sent). PS: Some candidates might complaint and not willing to do that due to sensitive information so you have to convince them it is in their benefit if they do. (in my case a candidate did not want to give me the documents and sent directly to the agency, without even communicating me that he sent. The result was already expected by me, he hasn't received any feedback from the agency even after one a half months)

If I am not mistaken, I read in a court jurisdiction that a good practice should be to inform the replacement tenant candidate in case of his/her positive acceptance within 5 days, i.e. a business week.
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Old 25.01.2019, 09:18
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Re: Nachmieter - how long can landlord decide?

This article looks quite useful.

https://www.mieterverband.ch/mv/miet...er-auszug.html
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Old 25.01.2019, 11:23
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Re: Nachmieter - how long can landlord decide?

Thanks everyone for the advise. With few more emails the landlord has indicated to the prospective tenant that they have reviewed the documentation and happy with it, so they will be posting the contract papers to them next week. This, togehter with the tenant application form indicating price and start date, seems enough evidence that I have indeed provided a suitable nachmieter.
I will of course wait until its all signed and done, but the outlook seems positive.

Thanks again everyone for your help!
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