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Old 10.06.2020, 11:21
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Rental termination period

Hi everyone

Apologies if similar question has been asked before.

Due to my poor German skills I don't really understand my contract and when I am supposed to give notice for the termination of rental.

This is what I have in my contract:

Mietbeginn: 1 Oktober 2018
Kündigung bei unbestimmter Dauer: 3 monatlich im Voraus auf:
Ende März / Ende Juni / Ende September
Ende jeden Monats (ausgenommen Ende Dez.)

- jedoch frühstens auf 30.06.2019

Mietende bei bestimmter Dauer: Der Vertrag ist unkündbar und endigt ohne Weiteres am:

Die Kündigung durch den Mieter hat mit Einschreibebrief, jene durch den Vermieter mit amtlichem Formular zu erfolgen. Sie ist gültig, wenn sie spätestens am letzten Tag vor Beginn der Kündigungsfrist bei der Gegenpartei eintrifft oder bei der Post abholbereit vorliegt. Für die Kündigung von Mietverträgen für Familienwohnungen gelten die besonderen Bestimmungen (Ziff. 13 A) in den Allgemeinen Bedingungen zum Mietvertrag für Wohnräume. Bei ausserterminlichen Kündigungen ist deren Ziff 13B zu beachten.


So, to my understanding I have to give notice 3 months in advance, but what about end of March, June or September, what does it mean?

Thanks
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Old 10.06.2020, 15:06
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Re: Rental termination period

You have to terminate the contract 3 months ahead of these dates (End of march/june/sep),
to move out end of March/june/sep.
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Old 10.06.2020, 16:19
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Re: Rental termination period

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You have to terminate the contract 3 months ahead of these dates (End of march/june/sep),
How come?

If they made the error or not specifying which of those two lines is valid OP is not restricted to March/June or Sept.
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Old 10.06.2020, 16:24
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Re: Rental termination period

Does the person started this thread made the decision between an unlimited or limited contract ?

Thats the important question ......
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Old 10.06.2020, 18:30
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Re: Rental termination period

You can terminate your contract at the end of March, the end of June, or the end of September with at least 3 months notice.

Typically, you can also find a replacement (best to find 3 suitable candidates to present to your landlord) for you if you'd like to move out at a different date.
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Old 10.06.2020, 18:49
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Re: Rental termination period

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Hi everyone

Apologies if similar question has been asked before.

Due to my poor German skills I don't really understand my contract and when I am supposed to give notice for the termination of rental.

This is what I have in my contract:

Mietbeginn: 1 Oktober 2018
Kündigung bei unbestimmter Dauer: 3 monatlich im Voraus auf:
Ende März / Ende Juni / Ende September
Ende jeden Monats (ausgenommen Ende Dez.)

- jedoch frühstens auf 30.06.2019
In short, someone messed up as the non applicable ending dates should have been stroked out. Like:

Mietbeginn: 1 Oktober 2018
Kündigung bei unbestimmter Dauer: 3 monatlich im Voraus auf:
Ende März / Ende Juni / Ende September
Ende jeden Monats (ausgenommen Ende Dez.)

- jedoch frühstens auf 30.06.2019


If something is ambiguous the "better" condition for the tenant is normally used. I would say all months except December is the better deal when the tenant wants to resign.

In other word, you cancel to the end of each month except December but must give at least 3 month of notice. If you want to cancel regularly and move out ASAP it will be end of September.
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Old 10.06.2020, 18:50
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Re: Rental termination period

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Does the person started this thread made the decision between an unlimited or limited contract ?

Thats the important question ......
It might be an important question but a question which has been answered by the OP.

Quote:
Mietende bei bestimmter Dauer: Der Vertrag ist unkündbar und endigt ohne Weiteres am:
As you can see there is no ending date which could make it a limited contract. Ergo it is an normal unlimited contract.
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Old 29.06.2021, 11:29
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Re: Rental termination period

I don't want to open a new thread, so using this one.

I am curious about the following:
I am moving out of my apartment and want to send the termination letter (with termination date of 3 months).
However I also intend to find someone to takeover my apartment/contract before those 3 months are due.

In that case do I still send the termination letter (for 3 months), and then provide them with an earlier starting tenant candidates?
Or do I not do that because that contractually ties me in to pay for those 3 months?

Thanks for any help.
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Old 29.06.2021, 11:34
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Re: Rental termination period

(i) Send the termination letter ASAP by recorded delivery.
(ii) Advertise the apartment on Homegate and similar.
(iii) Pass details of any tenant candidates willing to take over to the apartment to the landlord.
(iv) Organise your removal

The details of when you move out / new tenant moves in can be sorted out later.

Some info on giving up an apartment and on finding a "Nachmieter":

https://www.mieterverband.ch/mv/miet...ch-mieter.html

https://www.mieterverband.ch/mv/miet...er-auszug.html



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I don't want to open a new thread, so using this one.

I am curious about the following:
I am moving out of my apartment and want to send the termination letter (with termination date of 3 months).
However I also intend to find someone to takeover my apartment/contract before those 3 months are due.

In that case do I still send the termination letter (for 3 months), and then provide them with an earlier starting tenant candidates?
Or do I not do that because that contractually ties me in to pay for those 3 months?

Thanks for any help.
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Old 29.06.2021, 14:53
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Re: Rental termination period

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In that case do I still send the termination letter (for 3 months), and then provide them with an earlier starting tenant candidates?
No you don't give notice. Instead you send a letter basically saying "dear owner, I plan to move out dd/mm/yy and intend to present a follow-on renter who will take my place in the contract". See the "Musterbrief" by the Mieterverband on this page.

This gives you the option to actually present a follow-on renter, otherwise the contract ends by the contractual end date following your dd/mm/yy. You get the best of both worlds, so to speak.

Many owners will accept a cancel notice to that effect, but if they wanted they could screw you because nobody will move in for a few weeks in the hope of getting the contract after yours has ended. Plus, since the contract ends, the owner is free to change the conditions.

You do need to hurry if you want to have the option for the contract to end by September, for that the owner/agency must receive the announcement tomorrow. Personally, I would hand it over in person, making sure I get receipt explicitly confirmed on my copy. The usual registered letter is probably too slow.
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Old 29.06.2021, 15:20
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Re: Rental termination period

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No you don't give notice. Instead you send a letter basically saying "dear owner, I plan to move out dd/mm/yy and intend to present a follow-on renter who will take my place in the contract". See the "Musterbrief" by the Mieterverband on this page.

This gives you the option to actually present a follow-on renter, otherwise the contract ends by the contractual end date following your dd/mm/yy. You get the best of both worlds, so to speak.

Many owners will accept a cancel notice to that effect, but if they wanted they could screw you because nobody will move in for a few weeks in the hope of getting the contract after yours has ended. Plus, since the contract ends, the owner is free to change the conditions.

You do need to hurry if you want to have the option for the contract to end by September, for that the owner/agency must receive the announcement tomorrow. Personally, I would hand it over in person, making sure I get receipt explicitly confirmed on my copy. The usual registered letter is probably too slow.
Oh thanks!

Damn, since I was in a rush to send out today in order for it to arrive tomorrow, I didn't know there would be a separate letter for the takeover case.

Might make another one with that and hand it in personally tomorrow.

Technically, the contract is still "active" for 3 months, so a "follow-on" letter for a Nachmieter should be possible in between (?).
What matters is that in the worst case I can get out end of Sept.


Could something like this make sense?

Quote:
Sehr geehrte Damen und Herren,

Anschliesslich zu meiner Kündigung auf 30.9.2021 teile ich Ihnen mit, dass ich aus meiner Wohnung am 15.8.2021 ausserterminlich ausziehen werde.

Ich werde Ihnen baldmöglichst Nachmieter/-innen melden. Falls Sie eine Warteliste führen oder mich aus einem andern Grund auf den obigen Zeitpunkt hin aus dem Mietvertrag entlassen möchten, bitte ich um baldigen Bericht.

Last edited by gipfelisturmer; 29.06.2021 at 17:03.
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Old 01.07.2021, 12:51
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Re: Rental termination period

What does the letter tracking say when the cancel notice was delivered? Are they an agency so there was someone present to sign for receiving it, or did it go back to the Post?

Generally it's in their interest to accept your suggested change because that way, it's you who takes the effort of finding a new renter instead of them. But they may want to raise the rent, or do some major work, or whatever, so there may be no contract (beyond the remaining 6-7 weeks) to step into.

IMHO the letter itself makes sense, but it's probably better to see first what they say by phone or in person, provided it was received yesterday in the first place. So, perhaps contact them to see what they say about your plans. Then have them confirm any agreement in writing if they're being flexible.
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Old 01.07.2021, 13:28
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Re: Rental termination period

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What does the letter tracking say when the cancel notice was delivered? Are they an agency so there was someone present to sign for receiving it, or did it go back to the Post?
I reformatted the above a bit and formulated it in such way that both the 3 months notice and early/extraordinary move out notice are included.
Carried the new letter personally to their office (big agency) and got a confirmation/signature for the receipt of it.
I told them I had mistakenly sent just the 3 months notice info via post.

I also wrote and told them to get back to me for further details.
But I do plan to ring them myself as you suggest, to discuss how we proceed.

Thank you Urs Max.
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