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Old 24.06.2019, 09:05
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Leaving an apartment - Notification

Quick question,
if leaving an apartment (3 months notice), can I notify the landlord by the end of the month... and then after a few weeks provide an alternative tenant to leave earlier?

Or do I need to send details of the alternative tenant when I notify them?

Thanks,
M
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Old 24.06.2019, 12:02
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Re: Leaving an apartment - Notification

There is normal leaving by cancelling the contract, and there is early leaving without cancelling the contract and introducing somebody for a take-over.

If you first cancel and than introduce a take-over, he/she gets to take-over a cancelled contract. Meaning unless the landlord agrees to cancel the cancellation it will only be for a short period.
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Old 24.06.2019, 13:52
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Re: Leaving an apartment - Notification

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There is normal leaving by cancelling the contract, and there is early leaving without cancelling the contract and introducing somebody for a take-over.

If you first cancel and than introduce a take-over, he/she gets to take-over a cancelled contract. Meaning unless the landlord agrees to cancel the cancellation it will only be for a short period.
Thanks - so sounds like I need to wait to find someone to take it over OR cancel and wait three months.

Thanks
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Old 24.06.2019, 15:00
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Re: Leaving an apartment - Notification

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Thanks - so sounds like I need to wait to find someone to take it over OR cancel and wait three months.

Thanks
You don't explicitly cancel.

Instead you inform the owner about your intent to leave by xy date and present a follow-on renter. If you don't manage to find one (or many) the contract will end by the next contractual end date after said xy date.

So you get the best of both worlds. You either find a follow-on renter in due time or cancel if you don't.

Keep in mind that in order to make use of the potential September end date (assuming standard conditions) your notice must have been received before the end of June. A private person has up to seven days to pick up a letter that was sent by registered mail, by which time July may have already begun, meaning the next contractual end date would be March 2020 instead (subject to your contract of course). The owner is probably aware of this and may intentionally delay pick-up, so if you rent from a private owner you probably want to deliver the move-out notice by hand instead and get timely delivery confirmed on your copy. A company on the other hand, such as an agency, can be expected to pick it up the next ordinary business day.
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Old 24.06.2019, 15:11
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Re: Leaving an apartment - Notification

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You don't explicitly cancel.

Instead you inform the owner about your intent to leave by xy date and present a follow-on renter. If you don't manage to find one (or many) the contract will end by the next contractual end date after said xy date.

So you get the best of both worlds. You either find a follow-on renter in due time or cancel if you don't.

Keep in mind that in order to make use of the potential September end date (assuming standard conditions) your notice must have been received before the end of June. A private person has up to seven days to pick up a letter that was sent by registered mail, by which time July may have already begun, meaning the next contractual end date would be March 2020 instead (subject to your contract of course). The owner is probably aware of this and may intentionally delay pick-up, so if you rent from a private owner you probably want to deliver the move-out notice by hand instead and get timely delivery confirmed on your copy. A company on the other hand, such as an agency, can be expected to pick it up the next ordinary business day.
if it is sent by recommonde the it is delivered even if they don't collect the notice. That is what they say to do in this area, I have to send mine as well because my contract ends Oct. The owner is away July but I know if I send it that way it is delivered regardless according to swiss law
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Old 24.06.2019, 17:34
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Re: Leaving an apartment - Notification

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if it is sent by recommonde the it is delivered even if they don't collect the notice. That is what they say to do in this area, I have to send mine as well because my contract ends Oct. The owner is away July but I know if I send it that way it is delivered regardless according to swiss law
Definitely, the question however is when it is picked up, deemed or actually.
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Old 24.06.2019, 17:46
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Re: Leaving an apartment - Notification

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Definitely, the question however is when it is picked up, deemed or actually.
I forgot from what day it is deemed delivered, even if it is never signed for it is delivered in the eyes of the law.

Interestingly this was pointed out to me when a commande de payer was sent to me at an old address, so of course I never picked it up, it was returned to the office, but I was told it made no difference in the eyes of the law, it was "delivered"
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Old 24.06.2019, 19:28
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Re: Leaving an apartment - Notification

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I forgot from what day it is deemed delivered, even if it is never signed for it is delivered in the eyes of the law.

Interestingly this was pointed out to me when a commande de payer was sent to me at an old address, so of course I never picked it up, it was returned to the office, but I was told it made no difference in the eyes of the law, it was "delivered"
It is deemed delivered on the first day that it is available to be picked up from the post office. If the post unsuccessfully tries to deliver it, it will be available to be picked up from the post office on the next business day.
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Old 25.06.2019, 13:01
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Re: Leaving an apartment - Notification

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There is normal leaving by cancelling the contract, and there is early leaving without cancelling the contract and introducing somebody for a take-over.

If you first cancel and than introduce a take-over, he/she gets to take-over a cancelled contract. Meaning unless the landlord agrees to cancel the cancellation it will only be for a short period.
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You don't explicitly cancel.

Instead you inform the owner about your intent to leave by xy date and present a follow-on renter. If you don't manage to find one (or many) the contract will end by the next contractual end date after said xy date.

So you get the best of both worlds. You either find a follow-on renter in due time or cancel if you don't.

Keep in mind that in order to make use of the potential September end date (assuming standard conditions) your notice must have been received before the end of June. A private person has up to seven days to pick up a letter that was sent by registered mail, by which time July may have already begun, meaning the next contractual end date would be March 2020 instead (subject to your contract of course). The owner is probably aware of this and may intentionally delay pick-up, so if you rent from a private owner you probably want to deliver the move-out notice by hand instead and get timely delivery confirmed on your copy. A company on the other hand, such as an agency, can be expected to pick it up the next ordinary business day.

Many thanks for such useful posts! I'm almost sure I'm leaving my apartment in September but the situation is not 100% clear yet. I was relaxed, thinking that the cancellation would be very straightforward but I see that there are some corner cases.


I am in doubt regarding the cancellation deadline. IIRC my contract enforce just 3 months notice, not any specific months. Could it be that I was misinformed I don't have the contract with me as I am on business trip. It is a contract from the French part. Do you think is it standard to enforce specific months on the French side too? From what you mentioned I guess it was March, June, September, December (I'm not sure why you mention March 2020 anyway). Should the months be explicitly written in the contract?

Are there any pitfalls with sending the intent to leave notice instead of cancellation notice? If it's not an official cancellation how can I be sure the agency will accept it as a cancellation at the end of the period? Is it covered by any standard law or something? Well, and just a counter question, if I send intend to leave notice but later change my mind I should be able to do so, right?
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Old 25.06.2019, 13:39
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Re: Leaving an apartment - Notification

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Should the months be explicitly written in the contract?
If not written in the contract than the cantonal rules apply, and even tho they are working on it not all cantons have the same rules/dates yet.
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Old 26.06.2019, 17:31
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Re: Leaving an apartment - Notification

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I am in doubt regarding the cancellation deadline. IIRC my contract enforce just 3 months notice, not any specific months. Could it be that I was misinformed I don't have the contract with me as I am on business trip. It is a contract from the French part. Do you think is it standard to enforce specific months on the French side too? From what you mentioned I guess it was March, June, September, December (I'm not sure why you mention March 2020 anyway). Should the months be explicitly written in the contract?
If by "French part" you mean Vaud, the "standard" here (in Vaud) is to have in the contract that the contract is renewed automatically under the same conditions for another year if a notice is not received within a minimum of 3 months before the contract anniversary. If this is the case it does not mean that you only need to give the landlord/regie a notice and leave after 3 months they received the notice, it means that you have to give notice with a minimum of 3 months otherwise the contract is automatically renewed under the same conditions in the next term, in other words you are still legally obliged to pay the rent until the end of your contract term.

You better get your contract and check it carefully.
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