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Old 25.11.2019, 15:12
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Changes to owner of rented property

Quick summary, we heard through the grapevine that the owner of the house we rent died suddenly (as in unexpected).
The place has since been valued. I asked the person doing that if the house is / will be for sale but he said he has no idea, he was just sent to value it.

I only deal with the regie via recorded mail and I've included that question in my last letter but no reply yet..

Generally what happens in this case?
I assume at worst we are safe until the date in the contract?
At best the family of the deceased continue and nothing changes?
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Old 25.11.2019, 15:19
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Re: Changes to owner of rented property

Date in the contract?

In general: If ownership of the houses changes, all the contracts must be taken over as is. If the new owner claims urgent personal use, he can cancel the contract to the next usual cancellation date observing 3 months notice period.
Art. 261 Code of Obligations https://www.admin.ch/opc/en/classifi...ndex.html#a261
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Old 25.11.2019, 15:25
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Re: Changes to owner of rented property

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Date in the contract?

In general: If ownership of the houses changes, all the contracts must be taken over as is. If the new owner claims urgent personal use, he can cancel the contract to the next usual cancellation date observing 3 months notice period.
Art. 261 Code of Obligations https://www.admin.ch/opc/en/classifi...ndex.html#a261
Yes .. Thanks..

So in worst case we could be required to exit on the date stated in our current lease which is one year then renewal year on year unless cancelled by either party etc etc ..

There's no special - I want to demolish the house and rebuild, you need to move next week ?! That's the main concern
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Old 25.11.2019, 15:31
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Re: Changes to owner of rented property

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So in worst case we could be required to exit on the date stated in our current lease which is one year then renewal year on year unless cancelled by either party etc etc ..
Maybe. The worst could also be that you must leave April 1st which is most likely the next local moving date.
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Old 25.11.2019, 15:45
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Re: Changes to owner of rented property

Yes, you're safe till the end of your contract. If the contract automatically renews for another period, then unless you've been given proper notice you'll be safe for the next period.

It is also I believe, illegal to give you notice because the property is being sold, unless the fact it is for sale is written into the contract, and even then proper terms and notices still apply.
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Old 25.11.2019, 23:09
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Re: Changes to owner of rented property

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Quick summary, we heard through the grapevine that the owner of the house we rent died suddenly (as in unexpected).
The place has since been valued. I asked the person doing that if the house is / will be for sale but he said he has no idea, he was just sent to value it.

I only deal with the regie via recorded mail and I've included that question in my last letter but no reply yet..

Generally what happens in this case?
I assume at worst we are safe until the date in the contract?
At best the family of the deceased continue and nothing changes?
The valuation needs to be done for estate purposes. It is now an asset to the heirs and has to be declared in the year in which the deceased passed away. It is possible that the heir(s)have no idea what they want to do at the moment. I wouldn't panic. At some point I am sure you will some information from the property manager.
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Old 26.11.2019, 07:25
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Re: Changes to owner of rented property

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Yes, you're safe till the end of your contract. If the contract automatically renews for another period, then unless you've been given proper notice you'll be safe for the next period.

It is also I believe, illegal to give you notice because the property is being sold, unless the fact it is for sale is written into the contract, and even then proper terms and notices still apply.
Huh? Since landlords/agencies don't need to give a reason for termination of a rental contract I can't see this being illegal. We were given termination notice when our landlord wanted to sell our rented house. We did look at maybe buying it, but it was out of our price range.
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Old 26.11.2019, 19:38
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Re: Changes to owner of rented property

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There's no special - I want to demolish the house and rebuild, you need to move next week ?! That's the main concern
No.

Subject to circumstances (family with children? rent duration so far, etc) you may be able to get an extension once you receive notice.
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Old 26.11.2019, 19:41
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Re: Changes to owner of rented property

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No.

Subject to circumstances (family with children? rent duration so far, etc) you may be able to get an extension once you receive notice.
The extension often runs a number of years.
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Old 26.11.2019, 20:33
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Re: Changes to owner of rented property

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No.

Subject to circumstances (family with children? rent duration so far, etc) you may be able to get an extension once you receive notice.
Yup family with children, only been here since July though.

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The extension often runs a number of years.
Biggest thing is the kids, they've changed school and they are doing well and enjoying it, much more than before. So a move again would limit us to the same school area.

Much as we 'like' the house, it's old and I'm seeing many issues with it and a regie who is pretty rubbish, plus the death of the owner..
The house was renovated before we moved in, previous tenants were here ten years.. But reality is that the renovation was mostly aesthetic, problems are re-appearing that were supposed to have been fixed, but actually they were painted over.. etc..

The recent valuation lasted about two minutes, he didn't enter any rooms, just walked through the hallways and seemed most interested in the view, didn't look at the garden, the structure, the pool or measure anything..

So tinfoil hat on.. Maybe the land is what was more being valued..

Anyways .. As long as we got fair notice and time to find another place within the school area, I don't mind.. I might even be able to negotiate something if they were going to knock it down, like no cleaning or hole filling :-)
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Old 26.11.2019, 20:46
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Re: Changes to owner of rented property

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Yup family with children, only been here since July though.



Biggest thing is the kids, they've changed school and they are doing well and enjoying it, much more than before. So a move again would limit us to the same school area.

Much as we 'like' the house, it's old and I'm seeing many issues with it and a regie who is pretty rubbish, plus the death of the owner..
The house was renovated before we moved in, previous tenants were here ten years.. But reality is that the renovation was mostly aesthetic, problems are re-appearing that were supposed to have been fixed, but actually they were painted over.. etc..

The recent valuation lasted about two minutes, he didn't enter any rooms, just walked through the hallways and seemed most interested in the view, didn't look at the garden, the structure, the pool or measure anything..

So tinfoil hat on.. Maybe the land is what was more being valued..

Anyways .. As long as we got fair notice and time to find another place within the school area, I don't mind.. I might even be able to negotiate something if they were going to knock it down, like no cleaning or hole filling :-)
Probate value is always low, he needs to just have seen the building exists on the land. He will probably go with the Taxation value for tax purposes.
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Old 26.11.2019, 22:15
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Re: Changes to owner of rented property

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Yup family with children, only been here since July though.



Biggest thing is the kids, they've changed school and they are doing well and enjoying it, much more than before. So a move again would limit us to the same school area.

Much as we 'like' the house, it's old and I'm seeing many issues with it and a regie who is pretty rubbish, plus the death of the owner..
The house was renovated before we moved in, previous tenants were here ten years.. But reality is that the renovation was mostly aesthetic, problems are re-appearing that were supposed to have been fixed, but actually they were painted over.. etc..

The recent valuation lasted about two minutes, he didn't enter any rooms, just walked through the hallways and seemed most interested in the view, didn't look at the garden, the structure, the pool or measure anything..

So tinfoil hat on.. Maybe the land is what was more being valued..

Anyways .. As long as we got fair notice and time to find another place within the school area, I don't mind.. I might even be able to negotiate something if they were going to knock it down, like no cleaning or hole filling :-)
You'll get whatever notice period is in your rental contract.
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