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Old 09.04.2021, 13:51
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What are the obligations for showing a house or apartment that you are moving out of?

I gave notice on the house I am renting and am suddenly getting phone calls for people wanting to view it.

I knew this was in the contract and that I am in some way obligated. But I don't have a lot of throughput to manage it at the moment so I'm wondering what happens:

1. If I am not timely to respond to everyone or fail to respond to some

2. If I don't give a good impression of the property or tell them problems that I have experienced

Am I expected in some way to do a good job of showing the house, basically, or is it the rental company basically hoping that I will represent it well, so they don't have to send one of their own people?
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Old 09.04.2021, 13:57
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Re: What are the obligations for showing a house or apartment that you are moving out

Hello,

You have the obligation to open the door and letting people take a look, not doing the job of the real estate company meaning taking calls and scheduling people. You may provide fixed days and hours to the company, then it's their problem to communicate this to people interested in the apartment.

But, in what conditions are you leaving the place? After the minimum contract period or looking for a nachmieter? In the first case, it's the real estate company problem, in the second one...it's in your best interest to take the calls and accepts visits at any time.
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Old 09.04.2021, 16:32
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Re: What are the obligations for showing a house or apartment that you are moving out

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Hello,

You have the obligation to open the door and letting people take a look, not doing the job of the real estate company meaning taking calls and scheduling people. You may provide fixed days and hours to the company, then it's their problem to communicate this to people interested in the apartment.

But, in what conditions are you leaving the place? After the minimum contract period or looking for a nachmieter? In the first case, it's the real estate company problem, in the second one...it's in your best interest to take the calls and accepts visits at any time.
Perfect answer, thanks!

After the minimum contract period, and I gave notice before end of March so the 3 month notice period will run til end of June.

I might in fact look for a Nachmieter, in order to leave more quickly than waiting the full 3 months.

I am oddly flexible about when (and where) I move due to the current situation. Because while the new job I have started is almost 2 hrs away from here, a) they are still fully under home office requirement and b) it's unclear when that will change, but maybe Jun 1 (???) and c) even after that, the company plans to allow us to work 3 days from home if we wish.

Anyway if I feel motivated to move sooner then I guess I can take more appointments, and just have to figure out how the paperwork works for the Nachmieter, but as I understand it's not too bad.
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Old 09.04.2021, 16:55
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Re: What are the obligations for showing a house or apartment that you are moving out

Lovely to be in a position of such flexibility. Just remember that there's a reason that people are calling you, now, to view something that is advertised as available in July: good accommodation is not so easy to find. I hope you can find something you like, in time, and may it be a nice home, with just what you need.
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Old 09.04.2021, 22:15
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Re: What are the obligations for showing a house or apartment that you are moving out

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You have the obligation to open the door and letting people take a look, not doing the job of the real estate company meaning taking calls and scheduling people. You may provide fixed days and hours to the company, then it's their problem to communicate this to people interested in the apartment.
Within very narrow limits though, it's still OP's private apartment.
IMHO something like three viewings (up to two hours each) OP has in advance agreed to is the limit of obligations.

Of course if chrisba welcomes more, that's his decision.

However, since ordinary notice has been given there's no requirement for the agency to accept any kind of follow-on renter or early-moving-in. chrisba, you want to talk to the agency and see what they say about that. Whatever's in the contract, it's not your obligation to "sell" the apartment or make it look good. That said, you're of course free to use such as a bargaining chip, but if you do you want to make sure you get any concessions in writing. Talk is cheap, everywhere.
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Old 09.04.2021, 22:37
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Re: What are the obligations for showing a house or apartment that you are moving out

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Within very narrow limits though, it's still OP's private apartment.
IMHO something like three viewings (up to two hours each) OP has in advance agreed to is the limit of obligations.
Thanks for going into the details. That was the idea I had but the words did not came earlier. It's possible to say like 2 or 3 Saturdays from 10h00 to 12h00 and that's enough to fulfill the obligation of showing the apartment.
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Old 09.04.2021, 23:55
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Re: What are the obligations for showing a house or apartment that you are moving out

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I gave notice on the house I am renting and am suddenly getting phone calls for people wanting to view it.

I knew this was in the contract and that I am in some way obligated. But I don't have a lot of throughput to manage it at the moment so I'm wondering what happens:

1. If I am not timely to respond to everyone or fail to respond to some

2. If I don't give a good impression of the property or tell them problems that I have experienced

Am I expected in some way to do a good job of showing the house, basically, or is it the rental company basically hoping that I will represent it well, so they don't have to send one of their own people?
The rental company doesn't usually send a rep for viewings if the property is currently lived in and the tenant can show it.

You should make every effort to contact interested persons to arrange a viewing.

Obviously if you are overwhelmed with the amount of calls it will be more challenging to get back to everyone as quickly as they might like. If you were in the situation of looking for a place to live you wouldn't want to be ignored.

A clean and tidy home does make a better impression.

As for problems, if something is still unresolved, best to get this sorted. If a past problem is history, no point in discussing it.

Be prepared to answer basic questions about the property. Have you looked at the ad (assuming there is one) to be sure the information is the same as your lease conditions?
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Old 10.04.2021, 02:51
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Re: What are the obligations for showing a house or apartment that you are moving out

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The rental company doesn't usually send a rep for viewings if the property is currently lived in and the tenant can show it.

You should make every effort to contact interested persons to arrange a viewing.

Obviously if you are overwhelmed with the amount of calls it will be more challenging to get back to everyone as quickly as they might like. If you were in the situation of looking for a place to live you wouldn't want to be ignored.

A clean and tidy home does make a better impression.

As for problems, if something is still unresolved, best to get this sorted. If a past problem is history, no point in discussing it.

Be prepared to answer basic questions about the property. Have you looked at the ad (assuming there is one) to be sure the information is the same as your lease conditions?
Why should OP do their landlord's job for free? Namely, advertising and showing the flat?

I'm researching my situation (Germany) and I've found that there isn't anything in the law where I should do anything after I've given my termination. However, I found that there's a court decision where 30 minutes a week and limited to just several people who are announced by their name in advance (eg you get the list) is more than enough availability. Plus people should wear protective 'shoes' to not bring mess into your apartment. So this viewings of hundreds of people in Berlin have zero foundation in the law.

However, it's different if you're just cancelling the contract vs if you're the one who wants the Nachmieter. Then what you said makes sense - make yourself available since it's in your interest to find someone fast.

However, if you don't have such interest, I don't see he point of bending over and being called all the time and organizing it all?

I've found that by googling for tenant obligations in Germany, but I forgot the exact phrase I've used.
Maybe something similar can be found for Switzerland? Maybe you know it / can provide the link?

I think I'd be very angry if my phone started ringing that anonymous people want to visit me - who gave them permission to use my phone in their ad?!

So, what are the official rules in CH?

Can't recall if I've seen it on one tenant's association site....
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Old 10.04.2021, 09:42
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Re: What are the obligations for showing a house or apartment that you are moving out

In Switzerland, you have to show the flat to potential tenants by law.

Q : Dans quelle mesure dois-je accepter de faire visiter mon logement?

R : Le locataire a l'obligation de faciliter la visite de son logement, cela même si le bail a été résilié par le bailleur.

https://www.cagi.ch/fr/logement/ques...il-a-loyer.php

Edited so to add a magical translation:

Q: To what extent should I be willing to show my accommodation?

A: The tenant has the obligation to facilitate the visit of his accommodation, even if the lease has been terminated by the landlord.


This being said, as somebody suggested, you can do open doors and have several people visiting at the same time. However, make sure you follow the current Covid rules in order to avoid having too many people show up at the same time.

Keep in contact with the rental company on a regular basis so they can tell you when they have found a new tenant.

Last edited by Sinking; 10.04.2021 at 12:10.
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Old 10.04.2021, 11:29
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Re: What are the obligations for showing a house or apartment that you are moving out

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In Switzerland, you have to show the flat to potential tenants by law.

Q : Dans quelle mesure dois-je accepter de faire visiter mon logement?

R : Le locataire a l'obligation de faciliter la visite de son logement, cela même si le bail a été résilié par le bailleur.

https://www.cagi.ch/fr/logement/ques...il-a-loyer.php


This being said, as somebody suggested, you can do open doors and have several people visiting at the same time. However, make sure you follow the current Covid rules in order to avoid having too many people show up at the same time.

Keep in contact with the rental company on a regular basis so they can tell you when they have found a new tenant.
It's useful info but please follow EF rules and post a translation in English.
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Old 10.04.2021, 12:28
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Re: What are the obligations for showing a house or apartment that you are moving out

If you do open doors you shouldn't be surprised if stuff gets stolen, or damaged/broken without it being reported to you.

As to the translation:
Q: To what extent do I have to accept visits to my home?
A: The tenant is obligated to allow visits to the home, even where the lease has been cancelled by the landlord.
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Old 10.04.2021, 23:09
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Re: What are the obligations for showing a house or apartment that you are moving out

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Q: To what extent do I have to accept visits to my home?
A: The tenant is obligated to allow visits to the home, even where the lease has been cancelled by the landlord.
Allowing visiting is one thing, organizing them and accepting phone calls for them is a completely different thing.


https://www.mieterverband.ch/mv/miet...chtigung0.html

Quote:
Can the landlord show prospective tenants my apartment before I move out?

Yes, according to Art. 257h OR he is allowed to do that. However, he must organize the viewing of the apartment in such a way that you are bothered as little as possible. He must also take your schedule into account. In return, you have to show a certain flexibility and not be able to turn down every proposed appointment.
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Old 10.04.2021, 23:23
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Re: What are the obligations for showing a house or apartment that you are moving out

It's really a balance...



Basically I would clarify with the landlord/real estate agent what they are looking for in a potential tenant, and then ask them to properly screen people first.


I've been in the situation where we were moving out voluntarily, but we checked and the landlord wanted to sell our apartment. So the real estate agent was focused on suitable buyers, and we realised that if we could facilitate this as quick as possible, they could secure an offer and then we could relax and pack up the place without more interruptions...



Lucky it only took a few viewings before they had their offer...



It seems unclear whether this is a 'nachmieter' situation (you are responsible for finding a new tenant, or a 'end of lease' notice period (landlord needs to find new tenant)...



I would also check whether the landlord plans to fill the apartment immediately, or if they will do renovations or repairs in-between - who placed the advertising and who is giving the paperwork to potential tenants ?
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Old 11.04.2021, 08:55
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Re: What are the obligations for showing a house or apartment that you are moving out

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Allowing visiting is one thing, organizing them and accepting phone calls for them is a completely different thing.


https://www.mieterverband.ch/mv/miet...chtigung0.html
Landlord usually gives the tenant's phone number to the potential renter so tenant can decide when it's best for him/her to show the apartment.

Otherwise, you would just get the landlord calling and telling you somebody is going to come visit the apartment on a particular day/hour.

If it were me, I would show the apartment to 2-3 people, ask them to let me know if they are interested and if they will be contacting landlord. If they do, double check with landlord. With a bit of luck, the first person who's visiting the apartment will take over the lease .
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Old 11.04.2021, 09:01
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Re: What are the obligations for showing a house or apartment that you are moving out

We gave the agent a few timeslots over a period of a few weeks.

They arranged the viewings and sent us the names and phone numbers of the people coming; it was clear and agreed that the visits would be a maximum length (I think 30 minutes), one interested party at a time with a maximum of two people.

It worked fine, we showed them around, they asked some basic questions, after maybe four couples had seen it the rest were cancelled as a new contract had been signed.
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Old 11.04.2021, 11:11
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Re: What are the obligations for showing a house or apartment that you are moving out

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Why should OP do their landlord's job for free? Namely, advertising and showing the flat?

I'm researching my situation (Germany) and I've found that there isn't anything in the law where I should do anything after I've given my termination. However, I found that there's a court decision where 30 minutes a week and limited to just several people who are announced by their name in advance (eg you get the list) is more than enough availability. Plus people should wear protective 'shoes' to not bring mess into your apartment. So this viewings of hundreds of people in Berlin have zero foundation in the law.

However, it's different if you're just cancelling the contract vs if you're the one who wants the Nachmieter. Then what you said makes sense - make yourself available since it's in your interest to find someone fast.

However, if you don't have such interest, I don't see he point of bending over and being called all the time and organizing it all?

I've found that by googling for tenant obligations in Germany, but I forgot the exact phrase I've used.
Maybe something similar can be found for Switzerland? Maybe you know it / can provide the link?

I think I'd be very angry if my phone started ringing that anonymous people want to visit me - who gave them permission to use my phone in their ad?!

So, what are the official rules in CH?

Can't recall if I've seen it on one tenant's association site....
Berlin has got nothing to do with Switzerland. German law has no relevance in Switzerland. German tenancy regulations have no relevance here. Here, when you rent an apartment at least the kitchen is included (not always the case in Germany).

We might call Germany „der grosse Kanton“ but that is tongue in cheek. If you expect things in Switzerland to be like in Berlin you are in for a rude awakening...
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Old 11.04.2021, 11:14
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Re: What are the obligations for showing a house or apartment that you are moving out

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Allowing visiting is one thing, organizing them and accepting phone calls for them is a completely different thing.


https://www.mieterverband.ch/mv/miet...chtigung0.html
Isn‘t more practical to do this yourself? Then you know who is coming when and restrict the number of people at one time. Sounds logical to me.
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Old 11.04.2021, 15:22
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Re: What are the obligations for showing a house or apartment that you are moving out

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Berlin has got nothing to do with Switzerland. German law has no relevance in Switzerland. German tenancy regulations have no relevance here. Here, when you rent an apartment at least the kitchen is included (not always the case in Germany).

We might call Germany „der grosse Kanton“ but that is tongue in cheek. If you expect things in Switzerland to be like in Berlin you are in for a rude awakening...

If you'd read my post carefully, you'd realize what I was talking about.
Just because someone mention some country as an example, that doesn't mean they're assuming automatic equivalence.

I was providing my experience and keywords for search for OP if they want to dig up more for their situation.

And I think we can agree that it's more likely that german law/rights has more similarities than that of singapore, so mentioning country instead of writing 'in country X' could help more.
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Old 11.04.2021, 15:30
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Re: What are the obligations for showing a house or apartment that you are moving out

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We gave the agent a few timeslots over a period of a few weeks.

They arranged the viewings and sent us the names and phone numbers of the people coming; it was clear and agreed that the visits would be a maximum length (I think 30 minutes), one interested party at a time with a maximum of two people.

It worked fine, we showed them around, they asked some basic questions, after maybe four couples had seen it the rest were cancelled as a new contract had been signed.
This looks like it should be. You show the flat to those people landlord filtered out from initial bunch of applications.

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Isn‘t more practical to do this yourself? Then you know who is coming when and restrict the number of people at one time. Sounds logical to me.
If OP gave their notice regularly (so not the 'nachmieter' version), and landlord behaves like it's tenant's job to secure them the next tenant, then I don't think it's more practical to sift through numerous applications, phone calls and whatnot and play guessing game who even has a chance with landlord.

So in short, why would tenant do the agent's job for free? Assuming that landlord would hire the agent otherwise.

Ok, from some part of the discussion I've assumed landlord put their phone in the ad itself.
If the phone number is given only for those few candidates for viewing, then it looks better. But just a bit

However, since I hate random people calling me, I'd much prefer the version where I phone numbers aren't exchanged between tenants, and all communication/viewings arrangement goes through the landlord, as per newtoswitz's example.
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Old 11.04.2021, 17:45
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Re: What are the obligations for showing a house or apartment that you are moving out

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It's really a balance...

Basically I would clarify with the landlord/real estate agent what they are looking for in a potential tenant, and then ask them to properly screen people first.
Not at all. The apartment is private, the exceptions are few and clearly defined.

The renter is obligated to give the owner access for inspections, e.g. annually, and of course for necessary repairs. Obviously at the renter's convenience, i.e. with due notice and at a reasonable date/time for a reasonable duration. §257h OR

Likewise after canceling the rent. The owner may want to take pictures to advertise it, for instance. The renter is also obligated to grant the owner access for viewings, i.e. to present it to potential new renters. Again §257h OR.

But there are limits to everything. Hence the suggested 3x2h max, though on 2nd thought I'd reduce that to 2-3x1h.
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Isn‘t more practical to do this yourself? Then you know who is coming when and restrict the number of people at one time. Sounds logical to me.
It's not your job to show the strangers around. Of course you can do so (and if you're looking for a Nachmieter the situation's different), but there's no obligation - by doing so you make someone else's problem yours. The problems of a complete stranger who has nothing but monetary interest in you. See what they say when you mention that you charge 140.- per hour, plus the standard 30mins lump-sum travel charge, payable in advance or in cash at the start of each viewing. That's roughly the cost they calculate with, and what you save them by doing them that favor.

Agree with the owner on a couple dates, along with a total maximum number of strangers that are allowed to enter, with the caveat that only one person/couple is allowed in at a time, and that's it. Who can make the time is the owner's problem.
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