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Old 14.09.2020, 19:01
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Lease résiliation

Hi All,

I'm renting in Geneva, I was wondering if somebody can help me clarify this part of the contract regarding the early termination of the lease. Here's an excerpt:

"Dès la deuxième année de location, à compter de l'entrée en vigueur du bail initial, le locataire peut résilier le bail moyennant un préavis écrit de 3 mois pour une échéance trimestrielle du bail"

The contract has been signed in march 2019.

My questions are:

- from the "second year", means from March 2020, like I've spent the first year, now I'm in the second? Or does it means from march 2021?

- The 3 months notice are from the "anniversary date" of each year?

I can still do the "reprise de bail" but the above was just to understand if I have another option.

Thanks in advance

Ricky
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Old 15.09.2020, 14:32
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Re: Lease résiliation

Welcome to the Forum. I've no idea what the answer is, so have a bump.
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Old 15.09.2020, 15:04
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Re: Lease résiliation

Cheers 3Wishes!

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Welcome to the Forum. I've no idea what the answer is, so have a bump.
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Old 15.09.2020, 15:33
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Re: Lease résiliation

I would read it that the second year will start 12 months after the original contract, and that you can terminate it with three months notice at any point after that date, not just annually.
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Old 15.09.2020, 16:46
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Re: Lease résiliation

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I would read it that the second year will start 12 months after the original contract, and that you can terminate it with three months notice at any point after that date, not just annually.
It says "une échéance trimestrielle". That is every quarter which usually means March 31, June 30, September 30, and December 31 as end of contract dates. Cancellation must be in reach of landlord at least 3 month in advance.

Accordingly first regular cancellation date would be June 30.

"reprise de bail" is finding an replacement tenant? This option is always available.
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Old 15.09.2020, 16:52
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Re: Lease résiliation

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It says "une échéance trimestrielle". That is every quarter which usually means March 31, June 30, September 30, and December 31 as end of contract dates. Cancellation must be in reach of landlord at least 3 month in advance.

Accordingly first regular cancellation date would be June 30.

"reprise de bail" is finding an replacement tenant? This option is always available.
I thought that in almost all cantons one cannot cancel in Sept to move on 31 Dec, that the next date would only be March (or January, if you can cancel monthly)?
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Old 15.09.2020, 16:56
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Re: Lease résiliation

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I thought that in almost all cantons one cannot cancel in Sept to move on 31 Dec, that the next date would only be March (or January, if you can cancel monthly)?
Next to the local usual cancellation/moving dates a contract can always define something else. But even in case of local usual moving dates 31. December (or 1. January in case of Vaud) is a possible date at some locations.

https://www.homegate.ch/c/de/mieten/...digungstermine (ausser 31. Dezember (expect 31. December), means it is not a usual moving date)
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Old 16.09.2020, 12:17
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Re: Lease résiliation

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It says "une échéance trimestrielle". That is every quarter which usually means March 31, June 30, September 30, and December 31 as end of contract dates. Cancellation must be in reach of landlord at least 3 month in advance.

Accordingly first regular cancellation date would be June 30.

"reprise de bail" is finding an replacement tenant? This option is always available.
Thank you!

So, it seems the fastest option is to find someone to take over the lease at the same conditions.

Cheers

Ricky
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