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Old 22.09.2020, 10:41
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handover apartment to a friend?

Hello everyone,

I lived in one of this "rara avis" apartments that from time to time pop up in zurich real estate market.
Very fairly priced. Nice location and a good place to live in. I lived there for almost 10 years.

As per Jan 2021 i will leave Switzerland (Still in process or arranging everything)
It will be most probably a bye for good but you never know. I would like to leave the apartment to a friend of mine, who had been also a neighbor.

If i give it back to the agency, it will get probably back in the market with a higher price.
For me it would be ideal if my friend can take it over as it will make my moving out easier as he can keep the bigger furnitures. He will be happy to get into a bigger and more fairly price place. And my nextdoor which is very concern about a possible noisy new tenant knows this person would be a good fit.

what options do I have?

Is sublease an option? I see there is a clear statement about returning to the apartment but I think this can be hard to judge.
The option to come back is always open in this uncertain world.

Or can i try to do like a suitable replacement?
I am also flexible on leaving, and if I finish all my arragments I could leave earlier. With a short notice leave, is this quesiton about finding a new tenant replacement an option to put my friend in ?
he will fit also as he is similar in terms of age, habits (non smoker, non pets), work and we both C permit with 10 years in switzerland.

I want to write the email to the inmobilien but I dont know how to put this in a way it will help.

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Old 22.09.2020, 12:28
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Re: handover apartment to a friend?


The sublease way looks complicate. You'd still have a rental contract in CH and electricity bill addressed to you. Not sure what happens to home insurance, if the main tenant has to pay for it or only the person subleasing. Your friend that takes the sublease would also face some inconveniences. Anything that goes wrong with the apartment (a leaky faucet, heating not working, etc) has to be addressed by the main tenant. Rental agencies usually don't talk to people subleasing, only to the main tenants. So, any minor trouble has to go through you. I fail to understand why you want to work and be liable for a place you don't live anymore.

The early resiliation and nachmieter is an option. If the rental agency takes your first proposed nachmieter (the friend), everyone wins. You have no more liabilities in CH and your friend has full control of the flat. Telling the rental agency that you're looking for a nachmieter has no consequences. Worst thing can happen is they don't accept a nachmieter and you have to stay there until the end of the contract....which I assume was the original plan.
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Old 23.09.2020, 08:44
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Re: handover apartment to a friend?

I think that a sublease is probably the only option you have if you want to be sure that your friend will get the apartment.

Check carefully on the Mietverband website in order to make sure that you know your rights and don't make any mistakes. The website states, for example, that your landlord can not forbid you from subletting the apartment, but it also states that a requirement for subletting is that you have plan to come back, although it isn't necessary know the date that you'll return.

If you really want to be sure, join the Mietverband and ask them directly or call their hotline (ChF 4.40 / minute).

If you decide that you want to end your lease before the official contract ending time, then you can provide the name of someone who will take over the lease, but the landlord isn't obliged to accept this person.

I think you'll need to decide which is more important to you... being sure that you'll have someone to take over your furniture and avoid the cleaning costs or being completely done with the appartment and not having to think about it anymore.
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Old 23.09.2020, 09:17
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Re: handover apartment to a friend?

Don't try to do anything complicated or you may lose your friend in the red tape and cause more headache for yourself.

I'd just write your agency giving them your notice and then suggesting to them you have a suitable tenant for your apartment. The agency may accept your suggestion as it benefits them as well.
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