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Old 10.03.2019, 01:23
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How many candidate tenants will set me free from my lease?

I am quitting my apartment under the article 264 of Code des obligations
https://www.droit-bilingue.ch/rs/lex...264-en-fr.html
This means I have to find a new tenant.

Already two people have first applied for the house and then said they did not want it. Now a third person has replied the régie that he is interested and accepted the offer, but not yet signed the new lease.

I am preparing for the worse and wishing the best, just in case, so I wanted to ask if having presented already a number of candidates, who have not accepted for reasons beyond my control, the law set a number of good candidates that will set me free, no matter what they do then with the offers.

I have read somewhere that if you present 2 candidates with enough salary to pay the rent (salary > 3 times rent) you are free to go. Did not find any legal basis for that though ...
Does anyone have any source on this subject?
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Old 10.03.2019, 01:36
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Re: How many candidate tenants will set me free from my lease?

You need to present candidates that actually want to rent, not just some dudes that, after checking out the flat, decide it's not for them.

So, yeah, if you find some real candidates (people just having a look at it and then deciding it's not for them clearly don't count) that want to rent, and are otherwise "fine" (not just salary-wise, but there could be other reasons, like they have a dog, want to bring the dog, but dogs not allowed..), then you're out of the payments IF the régie deny all of them.
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Old 10.03.2019, 01:55
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Re: How many candidate tenants will set me free from my lease?

Thanks for replying.

Just for clarity. When I said "applied" I meant that they filled and signed the form from the régie to ask for the apartment, together with all the documents (copy of ID, salary pay slips, non-pursuites). These are no "dudes" who just saw it and then said "no". Still they have changed their mind when the régie offered them the place.
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Old 10.03.2019, 02:25
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Re: How many candidate tenants will set me free from my lease?

You are off the hook in two situations:

1. A new person signs the final contract.
2. Landlord refuses a willing person for no valid reason.

Last edited by EdwinNL; 10.03.2019 at 02:39.
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Old 10.03.2019, 10:19
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Re: How many candidate tenants will set me free from my lease?

Thanks, this was my impression as well. Not clear where the "2 candidates" lore is coming from. Maybe people think that one can refuse, but 2 is so unlikely ... call it impossible?
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Old 10.03.2019, 12:55
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Re: How many candidate tenants will set me free from my lease?

The MV has an explanation in German matching EdwinNL's explanation.

I also remember reading somewhere that if the owner rejects 2 or 3 solvent candidates, it is assumed that they are being unreasonable and you are off the hook. However, the MV page seems clear that one rejection is enough, though they do suggest next steps if you don't get confirmation that your contract is ending within 10 days.
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Old 10.03.2019, 13:42
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Re: How many candidate tenants will set me free from my lease?

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I also remember reading somewhere that if the owner rejects 2 or 3 solvent candidates, it is assumed that they are being unreasonable and you are off the hook.
That is certainly not true, it all depends on the reasons why.
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Old 10.03.2019, 13:45
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Re: How many candidate tenants will set me free from my lease?

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Thanks, this was my impression as well. Not clear where the "2 candidates" lore is coming from. Maybe people think that one can refuse, but 2 is so unlikely ... call it impossible?
That is because nachmieter often don't sign the contract due to them finding something else, losing their job, lied about their financials, have a registration in the debt register, not being able to get rid of their own apartment or simple losing interest to name just a few common reasons.

Proposing only one is like betting on one horse.
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Old 10.03.2019, 16:18
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Re: How many candidate tenants will set me free from my lease?

OP, the question is why they withdrew their application. If they withdrew because the owner wanted to change the contract you're fine and have fulfilled your obligation whether there's a new contract or not. Otherwise you need to keep searching.
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Old 10.03.2019, 20:51
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Re: How many candidate tenants will set me free from my lease?

How am I supposed to know if the owner proposed different conditions? I mena, the negotiation happens between the owner and the candidate tenant ... I do not see anything.
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Old 10.03.2019, 21:37
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Re: How many candidate tenants will set me free from my lease?

You'll need to ask the failed candidate. However, a nachmieter situation isn't really a negotiation. Either they are willing to take over the terms of the existing contract, and you are off the hook, or they aren't and you are not.

That is, if they essentially just changed their mind, they don't count. On the other hand, if the problem is that they were offered a higher rent, or otherwise offered different terms than your current contract, then you can claim that you did your part.

The MV page suggests asking such a failed candidate to write a letter explaining that they'd be interested in the apartment on the desired date, under the terms of the current contract.
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Old 11.03.2019, 00:08
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Re: How many candidate tenants will set me free from my lease?

Thanks for confirming I have to go grab the candidates again.

And concerning the one who is currently been offered and has confirmed he wants the apartment, how long should they take to sign the lease?

They can't be wait forever otherwise they can keep not signing while they keep searching and maybe getting other offers ... should I think that is what is going on if the person has not signed yet after 10 days he got the offer for the apartment?

As far as I remember if one likes the house has just to establish the deposit account and sign the contract and mail it. This can take a week maybe, but no more than that for what I recall. Did I miss any step?
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Old 11.03.2019, 10:59
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Re: How many candidate tenants will set me free from my lease?

How long the Nachmieter may have to wait depends. If dealing with a professional, like an agency, 2-3 weeks should be enough for the background checks. A private person may take up to four weeks.

A contract signed by both is all it takes to make it binding (perhaps unless additional conditions are explicitly mentioned in the contract). Often, the keys won't be handed over without deposit paid, but that's a different matter.
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Old 20.03.2019, 19:28
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Re: How many candidate tenants will set me free from my lease?

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How long the Nachmieter may have to wait depends. If dealing with a professional, like an agency, 2-3 weeks should be enough for the background checks. A private person may take up to four weeks.
Maybe I was not clear. The candidate tenant has accepted an offer from the agency, so is engaged, but is waiting to sign the actual contract. The candidate tenant says has made other necessary steps, such as the rent warranty policy etc, but not signed yet. So my question was how long can the candidate tenant keep everyone dangling while he waits to sign the contract?
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Old 20.03.2019, 19:34
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Re: How many candidate tenants will set me free from my lease?

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Maybe I was not clear. The candidate tenant has accepted an offer from the agency, so is engaged, but is waiting to sign the actual contract. The candidate tenant says has made other necessary steps, such as the rent warranty policy etc, but not signed yet. So my question was how long can the candidate tenant keep everyone dangling while he waits to sign the contract?
Basically as long as you allow him.

Feel free to tell him that you start looking for other candidates if he does not sign within a week, risk you have is that he walks away in such case and you have to start from scratch.
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Old 21.03.2019, 00:18
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Re: How many candidate tenants will set me free from my lease?

Eh, that is what I thought ... the problem is that the managing of the new guy signing is done by the agency, not by me, so they are in position to put a deadline, not me.

Please recall that at this stage the agency has already offered the guy this apartment, so I do not think they can just arbitrarily take the offer back. The same way usually a person who first accepts an apartment pays a penalty fee for later not taking it, I suspect that the agency as well cannot take back the offer without consequences or loss. Or can they? That would sound most strange to me, but given how uselessy complicated it is to get (and get rid of) an apartment in this country I would not be surprised if my intuition is proven wrong once more!
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