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Old 04.03.2020, 13:50
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auto renewal of contract

Here I’m again so this more to share what not do do really and avoid stupid mistake like we did.

We have contract from 1/6/2019 to 30/6/2020. We had to give notice four months in advance so we send out our notice on 28/2 and without realising that chosen post method(by mistake) does not deliver on Saturday. Our massive mistake. I know... We should have sent on Thursday...

We got letter today from the real state, since you didn’t meet four months period your contract will not end until 30/6/2021...c’mon.

I know its our mistake but im just in disbelief how contracts can auto renew like that(I mean they even allowed to put cause like that)...No warning, notice letter about renewal.

Coming from Australia I’m used to move to rolling 4 weeks peiod after contracf ends...this was a bit of shock...and my day is ruined.
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Old 04.03.2020, 13:55
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Re: auto renewal of contract

It doesn't have to be an exact four months before. When did you decide to cancel and why did you not send a letter then?

I understand the frustrations with the long cancellation terms here, but it adds a bit of stability on both sides.
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Old 04.03.2020, 14:00
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Re: auto renewal of contract

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It doesn't have to be an exact four months before. When did you decide to cancel and why did you not send a letter then?

I understand the frustrations with the long cancellation terms here, but it adds a bit of stability on both sides.
We decided much earlier just left it to the last day...yeah I know...

I get the stability but i would expect renewal of contract requires some kind of confirmation.... instead of automatic renewal like that for A WHOLE year...sounds rather pro landlord tbh.
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Old 04.03.2020, 14:05
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Re: auto renewal of contract

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We decided much earlier just left it to the last day...yeah I know...

I get the stability but i would expect renewal of contract requires some kind of confirmation.... instead of automatic renewal like that for A WHOLE year...sounds rather pro landlord tbh.
It is something the both of you agreed upon. And it works both ways. What you now need to do is put as much effort as you can into finding a nachmieter.
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Old 04.03.2020, 14:47
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Re: auto renewal of contract

Did you send it registered post? Because that's also sensible because then you have proof of when it was delivered.

As Edwin said, start looking for someone to take over your lease on the same terms that you have.
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Old 04.03.2020, 16:46
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Re: auto renewal of contract

First the bad news. The letter has to be received before the end of the month for the notice to be valid. Date of sending does not count.

However, I seem to recall that for a private rental, the maximum notice that can be demanded is 3 months. 4 months is excessive. This seems to be confirmed in the article in the link below. If this is the case you have some leverage over the landlord and can ask he accepts the notice, or you could take it to a tribunal, which he likely would not want.

A few other points, did you pay the deposit, (max. 3 months rental by the way) to a blocked account, or to the landlord direct? If to the landlord direct then he has broken the law.

https://www.globalpropertyguide.com/...ord-and-Tenant

Let us know what happens.
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Old 04.03.2020, 16:56
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Re: auto renewal of contract

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We decided much earlier just left it to the last day...yeah I know...

I get the stability but i would expect renewal of contract requires some kind of confirmation.... instead of automatic renewal like that for A WHOLE year...sounds rather pro landlord tbh.
It would seem that the basic problem is that we assume that you are an adult capable of acting in your own best interests, where as you expect us to assume you are not and that we should look out for you.....
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Old 04.03.2020, 17:22
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Re: auto renewal of contract

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First the bad news. The letter has to be received before the end of the month for the notice to be valid. Date of sending does not count.

However, I seem to recall that for a private rental, the maximum notice that can be demanded is 3 months. 4 months is excessive. This seems to be confirmed in the article in the link below. If this is the case you have some leverage over the landlord and can ask he accepts the notice, or you could take it to a tribunal, which he likely would not want.

A few other points, did you pay the deposit, (max. 3 months rental by the way) to a blocked account, or to the landlord direct? If to the landlord direct then he has broken the law.

https://www.globalpropertyguide.com/...ord-and-Tenant

Let us know what happens.
Best to stay far away from such sites when wanting to know what the law says and look at the law itself or sites like renters association.

3 Months minimum, and longer is perfectly fine when agreed upon in the contract.

Also the landlord does not break the law when he gets the deposit directly, he only has to put it in a seperate account if the renter asks for this. But if both are fine with just handing over a stack of cash than the law cares shit about this.

Last edited by EdwinNL; 05.03.2020 at 13:59. Reason: spelling
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Old 05.03.2020, 13:56
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Re: auto renewal of contract

It would be interesting to hear from the OP how the termination is regulated in the lease agreement, i.e. is it a yearly lease that can only be terminated by the middle of the year? Or is it a lease that can only be terminated as of the end of specific quarters (e.g. some cantons do not envisage termination as of 31 December).

Regarding deposit: No the landlord is required to deposit it on an account in the name of the renter. However, if the renter does not complain then so be it.
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Old 06.03.2020, 09:43
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Re: auto renewal of contract

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Best to stay far away from such sites when wanting to know what the law says and look at the law itself or sites like renters association.

3 Months minimum, and longer is perfectly fine when agreed upon in the contract.

Also the landlord does not break the law when he gets the deposit directly, he only has to put it in a seperate account if the renter asks for this. But if both are fine with just handing over a stack of cash than the law cares shit about this.
As I said, I seem to recall 3 months is the maximum. This is also what our lawyer told us. ^ months is for commercial rentals. You can agree longer, but it is not allowed and will be reduced if you complain.

As to the deposit, they do care. yes you can pay it direct to the landlord, but he must open an account and place it there in your joint names as soon as practically possible. We learnt this the hard way when we first started to rent out property!
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Old 06.03.2020, 10:24
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Re: auto renewal of contract

You can validly agree on longer termination periods, i.e. beyond 3 months, and specific termination dates:
https://www.admin.ch/opc/en/classifi...dex.html#a266a

(Arguably you cannot agree on shorter termination periods).

Last edited by Mica; 06.03.2020 at 11:53. Reason: typo. meant to say beyond 3 (not 6) months
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Old 06.03.2020, 11:16
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Re: auto renewal of contract

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We decided much earlier just left it to the last day...yeah I know...

I get the stability but i would expect renewal of contract requires some kind of confirmation.... instead of automatic renewal like that for A WHOLE year...sounds rather pro landlord tbh.
Most people would be very surprised if they were told to leave their apartment because they didn't renew the contract. There would be a lot of homeless people in the streets.

According to your story, the letter arrived 2 days late (Monday). Did you even try to talk to régis? Friendly? Use the foreigner-bonus ..... in Australia registered letters are delivered to companies on Saturdays, personally. LOL, they might swallow that nonsense.
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Old 06.03.2020, 11:47
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Re: auto renewal of contract

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As I said, I seem to recall 3 months is the maximum. This is also what our lawyer told us. ^ months is for commercial rentals. You can agree longer, but it is not allowed and will be reduced if you complain.

As to the deposit, they do care. yes you can pay it direct to the landlord, but he must open an account and place it there in your joint names as soon as practically possible. We learnt this the hard way when we first started to rent out property!
Time to find a new lawyer if he already fails with such basic knowledge.

https://www.mieterverband.ch/mv/miet...n+und+-termine
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Old 06.03.2020, 16:59
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Re: auto renewal of contract

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Time to find a new lawyer if he already fails with such basic knowledge.

https://www.mieterverband.ch/mv/miet...n+und+-termine
If you're referring to me, this was over 20 years ago and my lawyer (one of the leading firms in Switzerland) told me how to deal with it and solved the problem. I did not ask for their advice in accepting the (for me first) deposit as I was new to the game.

In fact, before I owned property I rented, and paid the deposit direct to the landlord, a large company representing many pension funds. And i bought my rented apartment and a small portfolio from them. So no excuse, but I did what they did.

Now I've learnt my lesson!
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