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Old 12.02.2021, 09:30
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When am I released from my tenancy agreement?

Hi All,

I have a lease agreement with a landlord which ends at the end of June and it has 3 months notice which I have given.

The landlord says if I find someone to take over the lease I can leave earlier. I want to leave end of April.

I want to understand this specific point in relation to Swiss law:

As soon as I send him 1 “ Anmeldeformular für Mietinteressenten” form with the details of a prospective tenant along with their proof of having a clean debt record ie a solvent prospective tent am I correct in my assumption that I am then released from my contract? ie. if the tenant specifies on the form that they will take the flat from 1 May that means my contract ends last day of April?

Some people say I have to wait for a letter from the landlord to release me from the contract.

However others say this is not needed. If the proposed tenant is solvent and has specified on the form they will take the apartment from 1 May that means I am free?
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Old 12.02.2021, 09:45
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Re: When am I released from my tenancy agreement?

You are released once the proposed tenant signs the contract.
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Old 12.02.2021, 10:02
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Re: When am I released from my tenancy agreement?

Actually, you are released once you find a solvent tenant interested in taking over the lease.

If landlord refuses the tenant for whatever reason, you are still released.

Make sure your landlord confirms in writing that you have proposed a new solvent tenant.
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Old 12.02.2021, 10:28
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Re: When am I released from my tenancy agreement?

The process is explained very cleary (in German) in this page on the Mietverband (renters association) website.

It tells you exactly what your rights and obligations are. You can throw the German text into deepl or google translate which should be sufficient to understand everything.
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Old 12.02.2021, 10:41
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Re: When am I released from my tenancy agreement?

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Actually, you are released once you find a solvent tenant interested in taking over the lease.

If landlord refuses the tenant for whatever reason, you are still released.

Make sure your landlord confirms in writing that you have proposed a new solvent and suitable tenant.
The tenant must not only be financially solvent but also be suitable. A family of five in a 3 room apartment is not suitable.

Art. 264 Code of Obligations
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1 Where the tenant or lessee returns the object without observing the notice period or the deadline for termination, he is released from his obligations towards the landlord or lessor only if he proposes a new tenant or lessee who is acceptable to the landlord or lessor, solvent and willing to take on the lease or rental agreement under the same terms and conditions.

2 Otherwise, the tenant or lessee must continue to pay the rent until such time as the lease ends or may be terminated under the contract or by law.

3 Against the rent owing to him, the landlord or lessor must permit account to be taken of:
a. any expenses he has saved, and
b. any earnings which he has obtained, or intentionally
A replacement tenant on social aid is considered financially solvent when the rent is guaranteed by the social aid authorities.
https://www.mieterverband.ch/mv/miet...achmieter.html

If a solvent and suitable tenant refuses to sign the contract on the same terms as your original contract you are still liable. This is the reason why you should suggest more than one replacement tenant. In many cases they just find something better in the mean time. YOu are only of the hook if either a replacement tenant signs the contract or the landlord refuses all of your solvent and suitable replacements.

A private landlord has up to 30 days to evaluate the replacement tenants. Professional rental agency should have made a decision with approx. 2 weeks.
https://www.mieterverband.ch/mv/miet...r-pruefen.html
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Old 12.02.2021, 11:05
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Re: When am I released from my tenancy agreement?

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The process is explained very cleary (in German) in this page on the Mietverband (renters association) website.

It tells you exactly what your rights and obligations are. You can throw the German text into deepl or google translate which should be sufficient to understand everything.
This great thank you. I will use all the sample letters as well.
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Old 12.02.2021, 11:58
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Re: When am I released from my tenancy agreement?

Keep a list with names and numbers of all the interested persons who view the apartment. As the applications are sent to the landlord, all you can do is follow up with the people who said they were interested.

Please keep in mind that potential tenants may seem interested, just to be polite, but they may not apply. Or they apply for many flats to see which they are selected for.

You can't know who is solvent. Assuming someone who applies is, the lease is prepared, but things still may not go as planned as they get offered another flat and don't sign the lease for yours.

So it isn't a done deal until the landlord informs you in writing that a nachmieter has been found. If the new tenants tell you they are moving in, before you have heard from the landlord, be sure to go back to the landlord and have it confirmed.

Best of luck!
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Old 12.02.2021, 12:05
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Re: When am I released from my tenancy agreement?

often you will hear about the new tenants only from the landlord.

we were in a similar situation and we warmly asked all "visitors" to let us know if they have sent the form to the landlord. Nobody told us and yet the landlord received several forms. the flat has been succesfully rented again and we heard only after it was almost signed.
I guess it is not customary to ask them to tell you and that is why they did not react. my 2 cents.
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Old 12.02.2021, 14:30
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Re: When am I released from my tenancy agreement?

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often you will hear about the new tenants only from the landlord.

we were in a similar situation and we warmly asked all "visitors" to let us know if they have sent the form to the landlord. Nobody told us and yet the landlord received several forms. the flat has been succesfully rented again and we heard only after it was almost signed.
I guess it is not customary to ask them to tell you and that is why they did not react. my 2 cents.
We are showing the prospective tenants ourselves so we will give the form to the landlord ourselves. Is this not allowed?
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Old 12.02.2021, 14:36
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Re: When am I released from my tenancy agreement?

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We are showing the prospective tenants ourselves so we will give the form to the landlord ourselves. Is this not allowed?
People may not want to give you their details - for myself, I would only deal with the landlord and not want to introduce another layer.
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Old 12.02.2021, 14:53
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Re: When am I released from my tenancy agreement?

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We are showing the prospective tenants ourselves so we will give the form to the landlord ourselves. Is this not allowed?
According to the Mietverband website that I linked before, in order to be as sure as possible that you are released from your obligation, you should send the forms in yourselves - and with a Betreibungsregisterauszüg (a statement that the potential tennent is not in a debt collection process).

I guess how much flexability you have with this process will somehow depend on how desireable your apt. is.
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Old 12.02.2021, 15:08
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Re: When am I released from my tenancy agreement?

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a Betreibungsregisterauszüg (a statement that the potential tennent is not in a debt collection process).
An good Betreibungsregisterauszug has no sensitive information. It is simply blank.
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Old 12.02.2021, 15:54
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Re: When am I released from my tenancy agreement?

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According to the Mietverband website that I linked before, in order to be as sure as possible that you are released from your obligation, you should send the forms in yourselves - and with a Betreibungsregisterauszüg (a statement that the potential tennent is not in a debt collection process).

I guess how much flexability you have with this process will somehow depend on how desireable your apt. is.
Thanks. Yeah I will just say to prospective parties that I will send the forms as I prefer this. If they are not happy then they can pass up the apartment.
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Old 12.02.2021, 20:41
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Re: When am I released from my tenancy agreement?

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Thanks. Yeah I will just say to prospective parties that I will send the forms as I prefer this. If they are not happy then they can pass up the apartment.
I would never give a completed form with personal information to the tenant to submit. The information on there is personal. Today most of the applications can be downloaded and submitted electronically. If the landlord wants to see the original of the debt registry this can be mailed.

If you insist on submitting this information, then provide envelopes and let the applicants seal them and hand them to you. But how will the applicants know you submit the form?

When the landlord is present for the viewing, or the agency, it is often the done thing to give the completed application to this individual. It is not the norm to hand it to the current tenant.
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Old 12.02.2021, 20:58
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Re: When am I released from my tenancy agreement?

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Thanks. Yeah I will just say to prospective parties that I will send the forms as I prefer this. If they are not happy then they can pass up the apartment.
Seriously? Why on earth would I give you (who I don‘t know from Eve or Adam) a form with all my personal details such as employer and salary??? You must be delusional if you think (sensible) people would go along with that. And anyone here who is suggesting it should also reconsider.
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Old 13.02.2021, 00:57
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Re: When am I released from my tenancy agreement?

tbh even if you hand out the forms, usually they are sent per post to the landlord/agency.

You are free to demand otherwise I guess, if your flat is in such high request...
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Old 13.02.2021, 08:06
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Re: When am I released from my tenancy agreement?

What we always did in this situation was ask people who were going to apply to fill in a simple Excel sheet with their name and number during the visit.

Then I sent that list to the Verwaltung to show we were trying etc. But people always applied directly. As others have said, you should not be asking them to apply to you.
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Old 13.02.2021, 10:16
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Re: When am I released from my tenancy agreement?

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Seriously? Why on earth would I give you (who I don‘t know from Eve or Adam) a form with all my personal details such as employer and salary??? You must be delusional if you think (sensible) people would go along with that. And anyone here who is suggesting it should also reconsider.
Wow you seem super angry and upset. You should relax.
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Old 13.02.2021, 10:17
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Re: When am I released from my tenancy agreement?

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I would never give a completed form with personal information to the tenant to submit. The information on there is personal. Today most of the applications can be downloaded and submitted electronically. If the landlord wants to see the original of the debt registry this can be mailed.

If you insist on submitting this information, then provide envelopes and let the applicants seal them and hand them to you. But how will the applicants know you submit the form?

When the landlord is present for the viewing, or the agency, it is often the done thing to give the completed application to this individual. It is not the norm to hand it to the current tenant.
I think I am confused about the actual form that the tenants must fill out. I thought this form is from HEV. When/where is the landlord’s details specified? I might post a separate question.
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Old 13.02.2021, 10:29
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Re: When am I released from my tenancy agreement?

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tbh even if you hand out the forms, usually they are sent per post to the landlord/agency.

You are free to demand otherwise I guess, if your flat is in such high request...
Even this website says the current tenants sends the details of prospective tenants to the landlord so I am confused why everyone’s panties are twisted.

https://www.mieterverband.ch/mv/miet...er-auszug.html
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