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Old 12.10.2019, 21:02
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obligations once rental contract is signed

Hi all,
I get a contract from the agency for renting a flat and not yet signed it (nor transferred the deposit).
My question - what will happen if I sign the contract but then (in 2-3 days) resign from it (as I find another wonderful flat) ?
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Old 12.10.2019, 21:06
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Re: obligations once rental contract is signed

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Hi all,
I get a contract from the agency for renting a flat and not yet signed it (nor transferred the deposit).
My question - what will happen if I sign the contract but then (in 2-3 days) resign from it (as I find another wonderful flat) ?
https://www.englishforum.ch/housing-...-contract.html

Just type in rental contract in the search box.

You do understand what it means to sign a contract? Check the contract and pray that you get out easily.
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Old 12.10.2019, 21:09
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Re: obligations once rental contract is signed

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Hi all,
I get a contract from the agency for renting a flat and not yet signed it (nor transferred the deposit).
My question - what will happen if I sign the contract but then (in 2-3 days) resign from it (as I find another wonderful flat) ?
You will be tied to the contract for a year and need to pay the rent unless you find another person to take over..

simples..
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Old 12.10.2019, 22:25
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Re: obligations once rental contract is signed

Maybe a year, maybe less or more, depending on what the contract says.

Before you sign anything, you should make sure you understand exactly how to get out of that contract. You need to read up
  • whether that contract has a fixed minimum duration of a year or two (some do, some don't),
  • how many months' notice you'd have, and
  • whether you can give notice at the end of any calendar month, or only at the end of some certain calendar months
  • the exact formal procedure for giving notice (usually a registered letter sent at the Post Office, not e-Mail).

There is also always the option of finding, at your own effort and expense, a replacement tenant who is willing to take over your lease at the same conditions.
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Old 12.10.2019, 22:35
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Re: obligations once rental contract is signed

If you have any doubts, don't sign the contract.

If you can't read it because you don't understand the language, don't sign the contract.

Contracts here (rental, phone, gym, etc.) can be a challenge to get out of, so don't sign them willy-nilly and hope it will be easy to get out later.
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Old 12.10.2019, 22:50
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Re: obligations once rental contract is signed

Yes, 3Wishes is right. Or, more precisely, it is actually very, very easy to get out of a contract here: you just have to follow the paragraphs in the contract which define, exactly, how to leave that contract. As will the other party. What is not easy (or will come with penalties) is to break the contract outside of those defined conditions.

If you can identify those paragraphs, and upload them (with all personal info of yourself, your landlord and the premises blanked out), we can probably tell you what they mean.

Even so, you should make sure that you understand the entire contract, any contract, ever, anywhere, before you sign it.
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Old 12.10.2019, 23:20
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Re: obligations once rental contract is signed

That's the problem with decisions; There's always the chance of something better coming along.

Personally, if it doesn't feel great, I don't sign it.

I know one person did that here, they signed the contract, then changed their minds. They had to pay three months. My landlord is a private familiy - a professional maintenance company might be tougher. Although, if you don't move in at all, there is no reason to charge you longer than the "Kündigungsfrist" (cancelation period) mentioned in the contract.
Just make sure you cancel officially by registered mail.
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Old 13.10.2019, 15:00
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Re: obligations once rental contract is signed

ok, so there is no something like cooling period.
But the technically - how agency can enforce the contract and what usually they do ? (as I mentioned lets say I signed and resigned within 2 -3 days after signing and 2 weeks before rental starts)
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Old 13.10.2019, 15:11
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Re: obligations once rental contract is signed

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ok, so there is no something like cooling period.
But the technically - how agency can enforce the contract and what usually they do ? (as I mentioned lets say I signed and resigned within 2 -3 days after signing and 2 weeks before rental starts)
Simple, send you a bill and if you do not pay you get a poursuite (?, Betreibung) that will make it more difficult to find another place, get a cell phone contract etc etc
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Old 13.10.2019, 15:13
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Re: obligations once rental contract is signed

You’ll feel exactly the same way as if the landlord did the same to you

Do you understand what a contract actually is ?
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Old 14.10.2019, 14:10
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Re: obligations once rental contract is signed

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ok, so there is no something like cooling period.
But the technically - how agency can enforce the contract and what usually they do ? (as I mentioned lets say I signed and resigned within 2 -3 days after signing and 2 weeks before rental starts)
I hope, hope, hope that your "resigned" was in the form of a registered letter, because that is the formally correct way to give notice on a contract.

The agency can claim from you all the costs that they had, as a result of your giving notice to a contract. This can mean the full rental from the first date rental starts, up until the last date of the notice period defined in the contract.

Here are a few examples, assuming your contract started on, let's say, 1st September:
The the contractually defined notice period is three months:
your liability is for September, October, November

The the contractually defined notice period is three months but not at the end of December:
your liability is for September, October, November, December and January

The the contractually defined notice period is three months, with a minimum rental period of 12 months:
your liability is for September, October, November, December this year, plus January through to August next year.


The agency does not have to do anything at all to lessen your liability. You are the tenant, with full liabiliteis, from when you signed the contract, up until the end of the notice period.

The good news is that you can do quite a lot. You can advertise and find a tenant who is willing to take over the flat at the same conditions at which you rented it. Usually, if a tenant is trying to do this, they are already in the flat and can let prospective subsequent tenants view the flat. If you, on the other hand, never actually moved in, then you would need to use all the documentation you had before, e.g. photos from the original ad, or photos you took while first viewing the flat, and the contract as you have it.

The ideal situation would be that you try to ask the landlord/agency to cooperate with you and advertise the flat again.

I knew of one person with the exact situation in which you find youself, and he agreed with the landlord to pay for their advertising costs. They agreed to let him know as soon as they had found a tenant, from which point they would release him from his obligations under the contract.

Because he did not know whether or not they really would do that, he asked them to send him the link of the ad, so he, too, could spread the word. They did. He also went to the building to speak to the neighbours, to ask whether anyone had moved in. As it happened, the agency was honest and did tell him, immediately, and release him from the contract. When you get that far, make sure you get the release in writing.

Last edited by doropfiz; 14.10.2019 at 16:51. Reason: correction to the months
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Old 15.10.2019, 04:45
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Re: obligations once rental contract is signed

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Hi all,
I get a contract from the agency for renting a flat and not yet signed it (nor transferred the deposit).
My question - what will happen if I sign the contract but then (in 2-3 days) resign from it (as I find another wonderful flat) ?
is it your a plan? signing a contract hoping you will be able to break it 3 days later?
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