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Old 28.01.2019, 16:00
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Inform landlord that we are looking for Nachmieter

Hi All,


Does anyone have a template or such for when we would like to inform our landlord that we intend to move and want to look for a Nachmieter?
I remember someone has posted here few links before, but I cannot find them for some reason.
It would be much appreciated if you have something available!
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Old 28.01.2019, 16:02
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Re: Inform landlord that we are looking for Nachmieter

See Musterbrief – Ausserterminliche Kündigung (Ankündigung des vorzeitigen Auszugs) at https://www.mieterverband.ch/mv/miet...er-auszug.html

Note: This is NOT an actual cancellation of the contract, but only a notification of the intended move. Be aware that a cancellation is final and cannot be revoked unless the landlord agrees. If you cancel early the next applicable cancellation date by law and contact will apply.
If you cancel the contract the landlord could technically deny a Nachmieter! Technically a Nachmieter can only take over an non-canceled contract, or to be more precise up to the date the contract will run out. Although most landlords are reasonable in such a situation, still do not fall in this trap. A cancellation will need the signature of husband and wife, and all people signed which signed the rental contract.
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Old 28.01.2019, 17:57
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Re: Inform landlord that we are looking for Nachmieter

Thanks for the clarification! We have already signed a new contract from April 2019. Our current contract with he current landlord states that we can terminate the contract twice a year (end of March and end of September) with 4 month-notice period. Since we missed the notice period (we should have placed it end of November), we now have to look for a Nachmieter. Meaning that, even if we want (which we do), we cannot cancel the contract in effect before September and we have to go through the hassle of finding someone to take over our flat.


Question: If and when we find a Nachmiter and they are accepted by the landlord, we are no longer bound in anyway to the current landlord. Is my understanding correct?
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Old 28.01.2019, 18:38
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Re: Inform landlord that we are looking for Nachmieter

Correct. As soon as the ink is dry on the new contract (which must have the very same terms and conditions) with the Nachmieter you are relived of your further obligations.

Only thing you have to do: Pay rent and Nebenkosten (auxiliary charges) till Nachmieter takes over the apartment and hand over a clean and fixed apartment.

Landlord can claim Nebenkosten up to 5 years later. Landlord must reimburse deposit latest one year after hand over. If there are no damages and Nebenkosten have not been calculated landlord must reimburse the full amount and hope that you will pay the outstanding Nebenkosten.
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Old 28.01.2019, 22:35
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Re: Inform landlord that we are looking for Nachmieter

Just to confirm something. I know you have to send in the letter which states your intention to leave.

Following that, is there any formal cancellation of contract you need to send? Or is confirmation from the Vermieter enough assuming you've found a new Nachmieter?

Just making sure I don't miss a crucial step.
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Old 29.01.2019, 00:16
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Re: Inform landlord that we are looking for Nachmieter

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Just to confirm something. I know you have to send in the letter which states your intention to leave.

Following that, is there any formal cancellation of contract you need to send? Or is confirmation from the Vermieter enough assuming you've found a new Nachmieter?

Just making sure I don't miss a crucial step.
You do not want to cancel the contract, you want it to be taken over. After all is o.k. with the nachmieter he'll take over the contract and you'll get the autographs you need during the handover.

And it can't be said enough: Do not cancel the contract when still looking for a nachmieter.
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Old 29.01.2019, 00:27
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Re: Inform landlord that we are looking for Nachmieter

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You do not want to cancel the contract, you want it to be taken over. After all is o.k. with the nachmieter he'll take over the contract and you'll get the autographs you need during the handover.

And it can't be said enough: Do not cancel the contract when still looking for a nachmieter.
Thanks for the clarity!
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Old 29.01.2019, 14:32
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Re: Inform landlord that we are looking for Nachmieter

I just spoke with our Verwaltung.
They explicitly told me that if we have to move out before April, I MUST send them a cancellation letter that we intend to move out by end of March. Only then, they can send me application forms for the potential Nachmieters. The lady from the Verwaltung with whom we usually communicate was using specifically the word "cancel contract" and her English was rather good so we were not lost in translation. Then we have to look for someone to take over our contract. If we do not find someone, we pay until September when the official dates in the contract are. When I asked her whether the new tenant will then have to stay only until September when the contract ends - she told me: No. They get a new contract with the same conditions as we have: as an example: you cannot cancel the contract first year, 4 month notice, etc. She was quite relaxed and friendly about it. Is this something I should be concerned about or just follow her instructions?
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Old 29.01.2019, 14:40
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Re: Inform landlord that we are looking for Nachmieter

Also in the instructions from MV here:
https://www.mieterverband.ch/mv/miet...er-auszug.html
It says clearly:
Die sorgfältige Planung beginnt mit der Auflösung des bisherigen Mietvertrags.
The careful planning begins with the dissolution of the previous lease.
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Old 29.01.2019, 14:55
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Re: Inform landlord that we are looking for Nachmieter

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I just spoke with our Verwaltung.
They explicitly told me that if we have to move out before April, I MUST send them a cancellation letter that we intend to move out by end of March. Only then, they can send me application forms for the potential Nachmieters. The lady from the Verwaltung with whom we usually communicate was using specifically the word "cancel contract" and her English was rather good so we were not lost in translation. Then we have to look for someone to take over our contract. If we do not find someone, we pay until September when the official dates in the contract are. When I asked her whether the new tenant will then have to stay only until September when the contract ends - she told me: No. They get a new contract with the same conditions as we have: as an example: you cannot cancel the contract first year, 4 month notice, etc. She was quite relaxed and friendly about it. Is this something I should be concerned about or just follow her instructions?
She is wrong. They can send you those forms the moment you announce you want to look for a nachmieter, you can do it their way but than I would want a written statement so you are legally able to keep them up to their promise.

To much money involved to just trust people (whom you don't even know)
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Old 29.01.2019, 15:06
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Re: Inform landlord that we are looking for Nachmieter

Can you please point out to a legal reference somewhere? If I want to question her, I'd rather point out to an available legal source.
I could not find similar statement in the MV links shared above.
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Old 29.01.2019, 15:28
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Re: Inform landlord that we are looking for Nachmieter

Besides, why would the Verwaltung be dishonest about it...What is their benefit to tell us that the new tenants will sign new contract with no fixed lease end and then say that they have to leave in September when our contract officially ends?


When we got the apartment, we also got it from someone who was leaving before the official date in his contract and we got a new contract with new fixed no-leaving period of an year or so. The only difference for him was that he had to look for new tenants and not the Verwaltung and if he had not found us, he would have paid until contract end.
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Old 29.01.2019, 16:34
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Re: Inform landlord that we are looking for Nachmieter

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Besides, why would the Verwaltung be dishonest about it...What is their benefit to tell us that the new tenants will sign new contract with no fixed lease end and then say that they have to leave in September when our contract officially ends?
Yes, they can do it like that, and can have the best intentions, however you bear the risk if they change their mind and you can't proof this. Lets say in two months somebody else handles your case, and he/she has a nephew who is looking for an apartment. If you have nobody they can just make you pay till end of contract so the nephew has some time to fix his things. And if you have somebody to propose and you cancelled, they can legally just kick the new one out and give the apartment to the nephew, and those are the things that happen in the real world.
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Old 29.01.2019, 16:43
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Re: Inform landlord that we are looking for Nachmieter

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Can you please point out to a legal reference somewhere? If I want to question her, I'd rather point out to an available legal source.
I could not find similar statement in the MV links shared above.
You might not find it exactly written like that (and if you search on this forum it is handled already a dozen of times). Point is that a nachmieter takes over your contract with all terms and conditions, meaning that if you cancelled that cancellation is a part of your contract, and the landlord/agency can keep you up to that if they want.

Surely you can agree to act otherwise however to protect yourself you want such written down.
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Old 29.01.2019, 16:52
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Re: Inform landlord that we are looking for Nachmieter

Thanks for all the replies. I do not mean to argue or question your experience, I just want to get the best understanding of it.


You mentioned a few times, that I have to protect myself.


Assuming, a new tenant takes over my contract. This means I am free of liability and I am no longer associated with this apartment. If the agency wants to kick out the new tenant, this is not something that I can legally be associated with. Is my understanding correct?
Yes, this is bad, I will do my best to avoid it for the new tenant, but bottom-line is this is not something I personally can suffer from.


The risk, as I see it is that no one takes over the contract if they see it is until September, so I have to pay few months double rent.
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Old 29.01.2019, 16:54
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Re: Inform landlord that we are looking for Nachmieter

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Thanks for all the replies. I do not mean to argue or question your experience, I just want to get the best understanding of it.


You mentioned a few times, that I have to protect myself.


Assuming, a new tenant takes over my contract. This means I am free of liability and I am no longer associated with this apartment. If the agency wants to kick out the new tenant, this is not something that I can legally be associated with. Is my understanding correct?
Yes, this is bad, I will do my best to avoid it for the new tenant, but bottom-line is this is not something I personally can suffer from.


The risk, as I see it is that no one takes over the contract if they see it is until September, so I have to pay few months double rent.
If you cancel while still looking for a nachmieter you can only offer the nachmieter a cancelled contract, making it much harder to find somebody.

Any other arrangements have to be written down to hold up when problems arise. Surely you can trust them on their friendly eyes, but how are those eyes going to help you when it comes to problems?
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Old 29.01.2019, 17:14
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Re: Inform landlord that we are looking for Nachmieter

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They get a new contract with the same conditions as we have: as an example: you cannot cancel the contract first year, 4 month notice, etc. She was quite relaxed and friendly about it. Is this something I should be concerned about or just follow her instructions?
That is not the same contract (!!) but a new contract with different clauses (!!!) The initial one year "cool off period" of the current contract started when you took over the apartment. The "cool off period" of a true Nachmieter can not reset. If any of the clauses change you are normally relieved of finding a Nachmieter and can walk away scot-free.

Take this with a grain of salt, and maybe check with the Mieterverband/ASLOCA/ASI or a lawyer.
https://www.mieterverband.ch/mv/mitg...d/kontakt.html

But first, get in in writing that you have to cancel AND that the Nachmieter will have an initial cancellation period of one year! This might become very, very handy if my point of view is correct.
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Old 29.01.2019, 18:07
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Re: Inform landlord that we are looking for Nachmieter

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Can you please point out to a legal reference somewhere? If I want to question her, I'd rather point out to an available legal source.
I could not find similar statement in the MV links shared above.
The Code of Obligation does not say that the contract should be cancelled, in fact the contract is taken over by the replacement tenant. Only the name of tenant(s) change, every term and condition should be the same. if the agency proposes something else different you are released from any further obligation even if the replacement does not sign the contract.

https://www.droit-bilingue.ch/rs/lex...264-en-de.html

Furthermore, the information you were given that you can only receive the forms once you cancel the contract is a BS. Here in VD, it is not uncommon for the ones returning early their apartment or house to send the official letter and the replacement candidates documents altogether to the agency / landlord.
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Old 29.01.2019, 20:58
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Re: Inform landlord that we are looking for Nachmieter

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That is not the same contract (!!) but a new contract with different clauses (!!!) The initial one year "cool off period" of the current contract started when you took over the apartment. The "cool off period" of a true Nachmieter can not reset. If any of the clauses change you are normally relieved of finding a Nachmieter and can walk away scot-free.
I got an email response from them that the new tenants will get new contract with the same conditions as we did when we signed ours and will not have to leave in September.

Basically it says something like: The new tenants will get a new lease, including the minimum rental period, as you received when you moved in, and do not have to move out at the end of your contract period. They do not use the word Nachmieter, but neuen Mieter instead.
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Old 29.01.2019, 21:24
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Re: Inform landlord that we are looking for Nachmieter

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I got an email response from them that the new tenants will get new contract with the same conditions as we did when we signed ours and will not have to leave in September.

Basically it says something like: The new tenants will get a new lease, including the minimum rental period, as you received when you moved in, and do not have to move out at the end of your contract period. They do not use the word Nachmieter, but neuen Mieter instead.
If they won't let go of that condition, get it in writing and tell them that you cancel, do give them a date and that you will be of the hook and they can find a new one on their own.

It is not rare what they do, and most often works out well, but this is not how it is intended.
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