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Old 10.04.2019, 19:50
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Breaking a lease in first year

Hello

A friend of mine needs to break his lease agreement (with a regie) as he needs to return to the US unexpectedly.

I told him he needs to find replacement tenants with good dossiers to submit to the regie but he has apparently heard it is not possible to break a lease in this way (or at all) if the lease is in its first 12 months. Is this correct?

Thanks

GVA
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Old 10.04.2019, 20:18
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Re: Breaking a lease in first year

Generally ... Na that's rubbish..

Join ASLOCA, get advice..

Usually you can break the lease any time you want if you have another tenant, outside of that the notice time of the contract applies.

My first contract actually had a get-out clause which said that if my employer sent me overseas i could break the contract with a months notice.

Again .. ASLOCA
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Old 10.04.2019, 20:30
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Re: Breaking a lease in first year

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Generally ... Na that's rubbish..

Join ASLOCA, get advice..

Usually you can break the lease any time you want if you have another tenant, outside of that the notice time of the contract applies.

My first contract actually had a get-out clause which said that if my employer sent me overseas i could break the contract with a months notice.

Again .. ASLOCA
Thanks John!

Sorry if I am being dumb but what is the typical "notice period" to which you refer? How long is that? I am just wondering if that could be a year and maybe if there's some confusion around that?
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Old 10.04.2019, 21:12
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Re: Breaking a lease in first year

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Thanks John!

Sorry if I am being dumb but what is the typical "notice period" to which you refer? How long is that? I am just wondering if that could be a year and maybe if there's some confusion around that?

Typically notice period for unfurnished accommodation is three months.. However.. Geneva contracts are notorious..

Many people have ONE date per year where they may give this 3 months notice. EG: You may only give three months notice on 30th June to leave at the end of September.(this may be where the notion of cannot break in first year comes from)

Some people have two, like April and July, some have three dates, others have any 3 month period.

So it's down to the contract - and this is where ASLOCA can help. Pay the joining fee of 70chf or something and get free advice from there..They can help with this and also any further rental issues.

But again, finding another suitable tenant will usually absolve you/them from any obligations.
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Old 10.04.2019, 21:44
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Re: Breaking a lease in first year

Agree with John, read the contract.

I had a lease in Geneva. It was renewable automatically year to year and if I was to give notice it was at least three months before the anniversary date of my lease.

Don't expect the Regie to help either. That isn't in their job description
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Old 11.04.2019, 08:43
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Re: Breaking a lease in first year

(For simplicity I'm addressing you, OP, rather than your friend. Adjust as applicable)

As has been said, join ASLOCA.

It's not unusual to have a minimum duration of 1 year.

OP, a suitable follow-on renter is someone willing and able to pay the rent and willing to step into the contract in your stead, with unchanged conditions. For that you simply inform the agency/owner of your intention to move out at such and such date and that you're looking for a follow-on renter, you do NOT give ordinary notice, I'm sure ASLOCA has templates available. That way a) the contract keeps running if you present a suitable follow-on renter, otherwise it b) ends at the next contractual end date following your move-out date. If you give ordinary notice instead, the contract will end and anybody moving in under your contract may have to move out when it ends, or have to accept a change in conditions including a higher rent.

Broadly speaking a suitable follow-on renter is someone who earns at least 3 times the rent.

If you have a suitable follow-on renter but the agency/owner wants to change anything in the contract, you're immediately fine and have fulfilled your duty. Make sure you have proof, for that you should send their application by yourself and get their contact details so you can call them back.

Did I mention to ASLOCA already? You definitely want to.
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Old 11.04.2019, 11:14
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Re: Breaking a lease in first year

I understand this might not be related, however, some people are already recomending to join ASLOCA. So my question is can they help with applying for an apartment? Maybe they can advise on how to fill out the forms? Cause I've been applying for and being rejected several times
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Old 11.04.2019, 11:28
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Re: Breaking a lease in first year

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I understand this might not be related, however, some people are already recomending to join ASLOCA. So my question is can they help with applying for an apartment? Maybe they can advise on how to fill out the forms? Cause I've been applying for and being rejected several times
I don't think they do anything in that domain. Your best bet is getting advice regarding the contract that a landlord offers you and whether it is fair, etc (I think they do do that, not 100% sure).

Last edited by higgsboson; 11.04.2019 at 11:38.
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Old 11.04.2019, 11:36
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Re: Breaking a lease in first year

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Hello

A friend of mine needs to break his lease agreement (with a regie) as he needs to return to the US unexpectedly.

I told him he needs to find replacement tenants with good dossiers to submit to the regie but he has apparently heard it is not possible to break a lease in this way (or at all) if the lease is in its first 12 months. Is this correct?

Thanks

GVA
It's like this: Normally you cannot leave at "any time" during the year, even if you give an advance notice. There are "exit" times, in which you can leave, provided that you ahve geiven advance notice. Example: September 1st is a common exit date. You can leave on 01.09, if you have given notice on 01.06 (it can be earlier or later, depending on what's in your contract).

In Vaud (and Geneva?), it's not uncommon to have only one exit date per year. So you either give notice and leave, or the contract renews for another year. And, again, it is common tat there are zero exit dates in teh first year.

Now, if you have missed the notice for the exit date in your contract, or want to leave not on an exit date, it's up to you to find the next tenant, no matter it's first year or not.

It's all written in your contract. The notice period (I have seen 4 months), the exit dates, and if there is any special conditions regarding your first year.

Last edited by higgsboson; 11.04.2019 at 11:54.
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