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Old 20.11.2019, 16:50
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Kundigungsfrist in Untermietvertrag [notice period in a sublet contract]

Hello,
I want to sublet a room in my apartment using the sublet contract (Untermietvertrag) from the renter's association (MV). Does the notice period (Kundigungsfrist) work both ways or is it only for the lessor? IE can I as the landlord also issue notification of the end of the sublet?
Thanks!

Last edited by maninwhitecoat; 20.11.2019 at 17:52. Reason: added english for the german terms
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Old 20.11.2019, 17:02
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Re: Kundigungsfrist in Untermietvertrag

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Hello,
I want to sublet a room in my apartment using the Untermietvertrag from the MV. Does the Kundigungsfrist work both ways or is it only for the sublet? IE can I as the landlord also issue notification of the end of the sublet?
Thanks!

Maybe, if you wrote in English chance you may get sensible answer
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Old 20.11.2019, 17:08
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Re: Kundigungsfrist in Untermietvertrag

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Maybe, if you wrote in English chance you may get sensible answer
Complaining about somebody's writing while creating such brilliant sentence yourself..

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Old 20.11.2019, 17:10
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Re: Kundigungsfrist in Untermietvertrag

Yes the cancellation period works both ways and must be the same for lessor and lessee.

Be aware about the minimum cancellation period set by the law. It is two weeks to the end of a one month rental period for furnished rooms, and 3 months to the end of a month otherwise.

Be also aware that the lessor must use the prescribed form and forms to announce the cancellation or it will be void. The lessee might object and challenge the cancellation at the rental arbitration court which can grant an extension.

For anything not explicitly is stated in the contract the Code of Obligations set the default provisions.

Please see https://www.admin.ch/opc/en/classifi...ndex.html#a253
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Old 20.11.2019, 17:17
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Re: Kundigungsfrist in Untermietvertrag

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Yes the cancellation period works both ways and must be the same for lessor and lessee.

Be aware about the minimum cancellation period set by the law. It is two weeks to the end of a one month rental period for furnished rooms, and 3 months to the end of a month otherwise.

Be also aware that the lessor must use the prescribed form and forms to announce the cancellation or it will be void. The lessee might object and challenge the cancellation at the rental arbitration court which can grant an extension.

For anything not explicitly is stated in the contract the Code of Obligations set the default provisions.

Please see https://www.admin.ch/opc/en/classifi...ndex.html#a253
Thank you very much for your helpful reply, I appreciate it. I wasn't sure if I needed to state explicitly if it works both ways or not.
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Old 21.11.2019, 01:04
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Re: Kundigungsfrist in Untermietvertrag [notice period in a sublet contract]

Depending on your situation, you may also want to have a fixed term and a notice period. I.e. max 5 years and within this, 3 months notice.

That helps if you know already that it is for a period of time only and avoids the issue of having to cancel it later.

K
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