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Old 28.11.2019, 15:56
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Could having a baby result in being served notice!?

Circumstances: Couple renting a 70m2 2.0 zimmer (thus one bedroom) apartment in Zurich. Been in there for four years. Love it! It is well proportioned and works well for us. Baby now possibly coming along. We could manage in our current place, at least for a couple of years.

Rental contract states:

zur Benutzung als Wohnung (Familienwohnung: nein)
Anzahl erwachsene Personen: 2 Personen


Roughly translated, I take this to mean that the apartment is not a 'family apartment' and the contact agrees that two people will live there. I cannot infer whether this is merely the current agreement between the parties or a firm 'rule' over no families. There are no further details in the terms which prohibit children being introduced.

If the property management company don't like this, could we have notice served on us? We're conflicted on how to proceed.

Any advice much appreciated.
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Old 28.11.2019, 16:04
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Re: Could having a baby result in being served notice!?

If it's in the contract and you signed it you probably have to abide by it.

I don't imagine they'll kick you out the moment the baby is born but, in practical terms, it won't be long before you need an extra room with a baby so will move out anyway.

If you are planning a family, now might be the time to start putting feelers out for a new place which meets your expectations. At least you can jump in your own sweet time rather than feel under pressure to find a new place as soon as your wife is pregnant.
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Old 28.11.2019, 16:28
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Re: Could having a baby result in being served notice!?

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If it's in the contract and you signed it you probably have to abide by it.

I don't imagine they'll kick you out the moment the baby is born but, in practical terms, it won't be long before you need an extra room with a baby so will move out anyway.

If you are planning a family, now might be the time to start putting feelers out for a new place which meets your expectations. At least you can jump in your own sweet time rather than feel under pressure to find a new place as soon as your wife is pregnant.
Yes, that totally makes sense. And I agree with that natural progression. A further two years in the current place (no baby due yet) would help the finances significantly however!

As an aside, I've done some further research on the phrase Familienwohnung. It appears that this is a legal term for 'family home', whether children exist or not. It appears to relate to protection over the home in the event of a separation. When we moved in we were not married. We now are.
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Old 28.11.2019, 17:28
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Re: Could having a baby result in being served notice!?

Under normal circumstances having a baby isn't a justification to terminate the lease. A notice of termination is challengable if it's given because of changes in the tenant’s family circumstances which do not give rise to any significant disadvantage to the landlord (Art. 271a par. 1 let. f SSwiss Code of obligations). Overoccupation of a flat may represent such a disadavantage but I think that two adults and a baby in a 70m2-flat should be no problem.
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Old 28.11.2019, 17:37
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Re: Could having a baby result in being served notice!?

... it also specifies the number of adults, not any children ...
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Old 28.11.2019, 17:39
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Re: Could having a baby result in being served notice!?

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... it also specifies the number of adults, not any children ...
This.

Tom
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Old 28.11.2019, 18:34
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Re: Could having a baby result in being served notice!?

That is very helpful on the 'adults' point!
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Old 28.11.2019, 20:26
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Re: Could having a baby result in being served notice!?

Familienwohnung has a totally different meaning that you guys think

It basically means (if it would be a YES) that both parties (in a Familienwohnung in historical sense thats wife+husband, now obviously different combos possible) signing the contract have to agree to cancel it. If it's NOT a Familienwohnung, it's possible that the contract is running only on one person, and that person can cancel it whenever he/she feels fit, without consulting the other one. It's a protection feature (which you don't seem to have enabled)

So in short: You're perfectly fine to stay in that flat with 2 adults + 1 child (or even more than 1 child) - at least till the child turns 18
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Old 28.11.2019, 21:20
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Re: Could having a baby result in being served notice!?

Natural multiplication overrides the occupation limit in the contract.

"Fammilienwohnung : Nein" relates more to the fact if you are married (or registered partnership) or not. A Fammilienwohnung has, by law, extra protection.

If you are married/in a registered partnership and it is both spouses normal place of residence, a cancellation by the landlord must be send to both spouses independently (two letters!). On the other hand. if the tenant want to cancel both spouses must sign the cancellation notice (one letter is good enough). This is even the case if only one of the spouses has signed the rental contract. This is mandated by law and cannot be overruled. A cancellation which does not follow the above rule is void.

If you got married since signing the contract you must inform the landlord. Otherwise, you would profit in bad faith from the extra protection.
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