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Old 29.09.2020, 10:47
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How to go about owner refusing proposed tenants?

A friend is leaving her appartment out of the contractual time terms so she is looking for another tenant to take over. She has already proposed 5 different solvent tenants and the owner refuses to accept any of them.

What should my friend do? The law seems to say that the owner has 30 days to decide but says nothing about the owner refusing a take over tenant without a reason.
http://ch.ch/en/terminating-rental-agreement/
http://homegate.ch/c/en/rent/advisor/tenancy-law/tenant
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Old 29.09.2020, 11:41
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Re: How to go about owner refusing proposed tenants?

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A friend is leaving her appartment out of the contractual time terms so she is looking for another tenant to take over. She has already proposed 5 different solvent tenants and the owner refuses to accept any of them.

What should my friend do? The law seems to say that the owner has 30 days to decide but says nothing about the owner refusing a take over tenant without a reason.
http://ch.ch/en/terminating-rental-agreement/
http://homegate.ch/c/en/rent/advisor/tenancy-law/tenant
Sounds like your friend is off the hook assuming they were solvent & willing to take over. You only need to send 1 such person.
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Old 29.09.2020, 11:56
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Re: How to go about owner refusing proposed tenants?

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Sounds like your friend is off the hook assuming they were solvent & willing to take over. You only need to send 1 such person.
Thank you! Do you have a link or reference to the law regarding this point? My friend sent 5 potential take-over tenants and the owner keeps refusing them. What should my friend do?
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Old 29.09.2020, 12:07
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Re: How to go about owner refusing proposed tenants?

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Thank you! Do you have a link or reference to the law regarding this point? My friend sent 5 potential take-over tenants and the owner keeps refusing them. What should my friend do?
Just ask them to confirm that you have complied with your legal requirement to send 1 person willing & financially solvent.

From your first link "The landlord has up to 30 days to assess whether the new tenant meets the terms of the rental agreement and is able to pay the rent." Not wanting them is not your problem.
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Old 29.09.2020, 15:12
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Re: How to go about owner refusing proposed tenants?

I think this is a perfect situation to contact the Mietverband and ask them exactly how to respond to the owner. I think:
1. The owner is not obligated to accept the tenent proposed by your friend.
2. Your friend should be able to leave the apartment at another time than is stated in the contract.
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Old 29.09.2020, 15:35
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Re: How to go about owner refusing proposed tenants?

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Thank you! Do you have a link or reference to the law regarding this point?
Art. 264 Code of obligations.

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My friend sent 5 potential take-over tenants and the owner keeps refusing them. What should my friend do?
Write the landlord that based on Art. 264 Abs. 1 and Art. 264 Abs. 3 lit. b Code of obligations they are relived of there obligations and any lose of rental income is voluntarily by the landlords own lack of action (acceptance of a suitable and solvent replacement tenant). With this thank them for ther service and cooperation and look forward to the move out handover.
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