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Old 14.09.2020, 15:42
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Withdrawing from rental contract

Hi all, I signed a rental contract to start in October, but would like to withdraw from it, as I am thinking of leaving the country, I understand I may have some liabilities to compensate the landlord, but anyone been in this situation? what was expected ? Can I withdraw ( paying some compensation) or do I need to take the property and give the proper required 3 months notice?

Thanks in advance

btw: yes I have legal insurance but they are having difficulties finding me an English speaking lawyer
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Old 14.09.2020, 15:54
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Re: Withdrawing from rental contract

You are on the hook yes, and you may not be able to leave it on Dec 31st either, so you'll be liable until Jan 31st.
If it's all very recent, can you contact them and see if any of the other applicants are still interested?
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Old 14.09.2020, 15:58
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Re: Withdrawing from rental contract

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You are on the hook yes, and you may not be able to leave it on Dec 31st either, so you'll be liable until Jan 31st.
If it's all very recent, can you contact them and see if any of the other applicants are still interested?
Depending on the terms of the contract they may be on the hook until 31st March unless they find a replacement tenant.
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Old 14.09.2020, 16:00
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Re: Withdrawing from rental contract

- where in Zürich?
- how much?

If it's the sort of place that does a public viewing and 87 people turn up, a little work on your side will save you a lot of hassle.
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Old 14.09.2020, 16:02
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Re: Withdrawing from rental contract

Read your lease.
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Old 14.09.2020, 16:05
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Re: Withdrawing from rental contract

1) You have the usual option to find a suitable and solvent replacement tenant which is willing to take over your contract as is.

2) Otherwise, the usual notice period and cancellation dates according the contract apply.

To sweeten the deal you might think about offering one month of free rent. Better pay one month than potentially 6 months.


Breaking rental agreement - leaving CH - non EU
Breaking a rental contract
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Old 14.09.2020, 17:15
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Re: Withdrawing from rental contract

I suppose you paid a deposit already.
Generally speaking if you just left the landlord woud have a responsibility to mitigate any losses, i.e. they'd be expected to re-advertise and re-rent it so it's unlikely you'd be on the hook for the full amount but, this is Switzerland.
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Old 14.09.2020, 17:18
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Re: Withdrawing from rental contract

Also I've never really sure with contracts that say "This contract will come into effect from [some date in the future]..." whether the terms of that contract are then in effect before that said date (would seem not) so check the wording of the contract.
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Old 14.09.2020, 17:39
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Re: Withdrawing from rental contract

@Landers Exactly this is what I was thinking, I saw from agencies previously if a tenant backs out before contract takes effect they are liable to paying the admin fees, not the rent.

I didn't pay deposit yet.

Also the contract it says I can give 3 months notice any time I want, am not restricted to Dec/Jan or whatever times.


Thanks all for your advice, I suppose this is all individual, I was thinking if it happened to anyone yet, I would need to hopefully have this legal advice from my liability insurance, so annoying the need to get an English speak externally, the only reason I took this insurance is because I was reassured they have English speaking lawyers

@Sean actually its a nice apartment on the silver coast of Zurich lake.. but I prefer not to have the hassle of having the handover in the first place, and advertising etc, the landlord may say I moved in and made a stain on a wall or something, if I never move in, then I wouldn't have to worry about that!
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Old 14.09.2020, 19:21
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Re: Withdrawing from rental contract

If you've agreed to rent it that contract probably can't be broken unless by mutual agreement (so try it). If the rental starts in October you probably can't give notice until Oct, i.e. 3 months would take you to end of January.
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