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Old 15.08.2019, 12:51
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cancelling earlier

Hi everyone,

This is a tricky one. We had to move from our old apartment by end of June. Obviously, I searched for the perfect apartment and have not found it so we moved to one we "liked". The thing is on the contract it says (we did not see it back then because we were in some serious private health issues) we can cancel first time on 30.June 2020. Plus three months means we could leave in October. But, I have found the perfect apartment now and it is free as of september first. Does anybody know if we can cancel this apartment in any way?
Some additional info: they were supposed to renovate some things in the bathroom 15 days before me moved in and it was not done. Some other things were supposed to be done before we moved in and they were nto so they did it along the way with us in the apartment and the Übergabeprotokol" we did not sign at all because Hauswartin just came in one day and took it with herself while they were doing some of the things. I asked again if they will do the repairs in the bathroom and they did not answer anything.

Thx guys for your help
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Old 15.08.2019, 12:57
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Re: cancelling earlier

In most cases, you can move out if you find someone to take over the lease. I think it has been repeated a few times of the forum but the rules seem to be you have to present 2 or 3 suitable candidates to the landlord.
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Old 15.08.2019, 13:44
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Re: cancelling earlier

Per law (Art. 264 Code of Obligations https://www.admin.ch/opc/en/classifi...ndex.html#a264 ) you can always and anytime find and propose a suitable and solvent replacement tenant which is willing to take over your existing contract with all liabilities as is (and does so if landlord agrees). You are off the hook if the landlord rejects a suitable and solvent replacement tenant.

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In most cases, you can move out if you find someone to take over the lease.
In all cases. No exception

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The thing is on the contract it says (we did not see it back then because we were in some serious private health issues) we can cancel first time on 30.June 2020. Plus three months means we could leave in October.
Are you sure that you understand it right? Normally it is worded as "Frühst möglicher Kündigungstermin: 30. Juni 2020", which means the first possible date the contract will end/is canceled. Which means you must give notice on or before March 31st (given 3 month notice period).
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