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Old 01.09.2020, 21:17
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Not possible to terminate the rental contract in December

Hi all,

My rental contract contains a sentence that the notice period is 3 months and the contract cannot be terminated in December. Since I am planning to move into a new apartment in April next year I am wondering if:

a) I can terminate the contract on 30 November
b) I will have to terminate the contract on 31 January and pay double rent.

Did anyone of you have similar situation?
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  #2  
Old 01.09.2020, 21:21
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Re: Not possible to terminate the rental contract in December

Doesn't it mean you can't move out in Deember, not that you can't give your notice?

Anyway, you can also find someone to replace you (a 'Nachmieter') in April 2020 who is financially solvent and suitable to take the apartment and then present them to the landlord. That way, you bypass the usual termination restrictions. There are plenty of threads covering this if you search the forum.

Last edited by Chuff; 01.09.2020 at 21:32.
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Old 01.09.2020, 21:29
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Re: Not possible to terminate the rental contract in December

Thanks @Chuff

It says:
Quote:
Der Mietvertrag kann jeweils auf jedes Monatsende (ausser Dez.), unter Einhaltung einer Frist von 3 Monaten, schriftlich gekündigt werden.
When I read it now out loud I also understand that I can't move out in December I'm always confused...
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Old 01.09.2020, 21:43
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Re: Not possible to terminate the rental contract in December

Chuff is right. It means that you cannot give notice starting on 1st October, expecting your contract to end on 31st December.

You can choose any other 3-month notice-period that suits you.

Your notice must reach your landlord - by registered mail - before the new month commences, i.e. not on the 1st, but at least by the last working day (check the weekdays) before the 1st.

Since you want to start your new contract from 1st April 2021, you need your notice period to end on 31st March 2021. This means your notice period is the full 3 months of all of Janaury, February and March 2021. Your registered letter giving notice must therefore reach your landlord by Thursday 31st December 2020, at the latest.

Although you'd still be strictly within your rights if the registered letter could be delivered to them on 31st December, remember that the postal services are swamped just then. If your plans for April are completely certain, then it might be advisable to get your notice sent off to your landlord a week or even two weeks earlier, because of all the public holidays. You'd probably save yourself quite some trouble as you can then be sure that the Christmas mail doesn't delay delivery of your letter, and their possible office closing doesn't get in your way.
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Old 01.09.2020, 21:49
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Re: Not possible to terminate the rental contract in December

Just on a side note, it's quite common to have this "December rule" in rental contracts in Switzerland.
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Old 01.09.2020, 22:00
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Re: Not possible to terminate the rental contract in December

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Hi all,

My rental contract contains a sentence that the notice period is 3 months and the contract cannot be terminated in December. Since I am planning to move into a new apartment in April next year I am wondering if:

a) I can terminate the contract on 30 November
b) I will have to terminate the contract on 31 January and pay double rent.

Did anyone of you have similar situation?
I don't see the problem? Or maybe you got it wrong?
You can not cancel to move out end of December (and as mentioned by someone else, that is rather common) but of course you can cancel in December (letter MUST be there by the 31.12.20 and that is tricky with all the holidays, so send it off latest middle of December) to move out end of March - which as I understood is when you actually want to move.
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Old 01.09.2020, 22:36
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Re: Not possible to terminate the rental contract in December

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Although you'd still be strictly within your rights if the registered letter could be delivered to them on 31st December, remember that the postal services are swamped just then. If your plans for April are completely certain, then it might be advisable to get your notice sent off to your landlord a week or even two weeks earlier, because of all the public holidays. You'd probably save yourself quite some trouble as you can then be sure that the Christmas mail doesn't delay delivery of your letter, and their possible office closing doesn't get in your way.
Nothing keeps OP from giving notice now, with a contractual end date March 31.

OP, something like
"Betrifft: Mietvertrag 3-Zimmer-Wohnung, Bahnhofstrasse 1, 8000 Zürich

Sehr geehrte Damen und Herren

Hiermit kündige ich den Mietvertrag für oben genannte Wohnung auf den 31. März 2021.

Mit freundlichen Grüssen
trixxiee"
is all it takes.
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Old 01.09.2020, 22:48
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Re: Not possible to terminate the rental contract in December

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Nothing keeps OP from giving notice now, with a contractual end date March 31.

OP, something like
"Betrifft: Mietvertrag 3-Zimmer-Wohnung, Bahnhofstrasse 1, 8000 Zürich

Sehr geehrte Damen und Herren

Hiermit kündige ich den Mietvertrag für oben genannte Wohnung auf den 31. März 2021.

Mit freundlichen Grüssen
trixxiee"
is all it takes.
That's what I was just thinking. The 3 months is the minimum notice, but nothing to stop you doing it earlier than that. You could sent it now or any time before the last day of December, though as others have said due to the busy Christmas post period I'd send it no later than beginning of December to be sure it arrives assuming you leave it that long. And make sure you send it registered post; nothing else counts.
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Old 01.09.2020, 23:36
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Re: Not possible to terminate the rental contract in December

If it were me, no matter how certain I felt my April plans would be, from the perspective of today, I would not give notice until mid December. One of the things that 2020 has taught me is that things can change in completely unexpected ways, within a matter of weeks or months.
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