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Old 14.03.2020, 20:48
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Termination rental contract before notice period

Hi all,

Need some advice.

I terminated my rental contract 1 month before the contractual obligations of 3 months. I do understand I must find another tenant to take over mu flat if I want to be excuse of the missing 1 month rent.

I found a couple who fit the criteria, they were willing to take over, however Real state is now increasing 130 Chf monthly the price. Is this legal? Also knowing the index rate is now at 1.5%.

Besides this couple, I found another portuguese lady who wants to take over and is even willing to pay this difference of 130chf. Now, real state is creating a lot of difficulties because she has permit L and is a work contractor. Her contract is extended every year and current expires in August/2020. She has requested a written confirmation of the extension to the company but probably will take longer than the month I need her to take over (1st April 20).

Any recommendations?
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Old 14.03.2020, 22:03
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Re: Termination rental contract before notice period

Your landlord is only allowed to raise the rest by what the two of you have contractual agreed upon, so read and understand your contract. If he raises the rent more than what he is allowed to you do not have to find a nachmieter anymore.

Also the index rate is now 1.25 and not 1.5, but to get a reduction for this you have to apply for this. New contracts will have this automatically but if you look for somebody to take-over there will be no new contract but a take-over of your contract. So do apply for this in the correct way a.s.a.p.

Also if you have cancelled the contract already the landlord can keep you up to that, wether or not you find a nachmieter which could make it much harder to find one.
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Old 15.03.2020, 00:51
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Re: Termination rental contract before notice period

Hi, thanks for the tips. Really Appreciated.
Yes, I meant index rate at 1.25% , was a typo mistake.
All the best
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Old 15.03.2020, 12:11
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Re: Termination rental contract before notice period

Dubious advice...
It is unlikely there is a passus in the contract concerning the raise of the rent, I doubt this gives any base to get off the contract prematurely.
Also there will be a new contract in any case, also if a nachmieter takes over prematurely in regard to the end of YOUR contract.
According to MV however it looks like you're automatically dismissed if a valid nachmieter does not take over due to the increase of the rent. You would still have to prove that it was a valid nachmieter.
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