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Old 13.05.2021, 13:26
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The current sub-lender has any priority when home owner wants to rent

I had a time limited sub-lend contract with the main lender which moved out. After more than one year he decided to terminate his contract with the home owner.

I didn't wanted to take his contract directly because he did some changes to the house which probably need to be reverted and of course for a third party like me would have been hard to resolve.

Now the home owner, increased the price and put the apartment on the market. I expressed my willingness to continue the contract directly with them at the increased price but until now the only answer I got was to fill in the form like anybody on the internet.

I have a B permit with a long term work contract. There is not any kind of priority not to say protection for current lenders in Switzerland? I know I had a time limited contract as a sub-lender but I have been living for one year and half in the apartment and feels strange they can force me out even if I can and willing to pay the increased rent for the new contract. Not to mention the additional overhead with visits, moving out and in.
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Old 13.05.2021, 13:37
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Re: The current sub-lender has any priority when home owner wants to rent

The landlord is free to accept the termination given by the main tenant. When that contract ends, your landlord (the main tenant) must also give you notice, and that's the end of it.

As far as I know, you do not have any right of "first choice". Landlords are free to rent out their properties to any tenant they choose, as long as the person is legally in the country. The landlord has a right to choose a different tenant, over you.

I'm sorry, but you might have to face moving, if the landlord does not want to enter into a contract with you. However, since you've been told to apply, and since you do want to stay, it is definitely worth putting in your application. Make sure your documents are complete. Good luck!
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Old 13.05.2021, 13:45
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Re: The current sub-lender has any priority when home owner wants to rent

I did a quick search without result. E.g. Comparis in its sublet guide does not report anything on the subject... see last Q/A in:
https://www.comparis.ch/immobilien/r...ertrag-schweiz

I would expect that the condition you are looking for would be described somewhere.
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Old 13.05.2021, 14:06
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Re: The current sub-lender has any priority when home owner wants to rent

The federal law doesn't provide any protection, unless the main lease was a sham to reduce your rights which doesn't seem to be the case.

Quote:
E. Sub-letting
Art. 273b
1 The provisions of this Chapter apply to sub-leases provided the principal lease has not been terminated. A sub-lease may be extended only within the duration of the principal lease.

2 Where the main purpose of the sub-lease is to circumvent the provisions governing protection against termination, the sub-tenant is granted such protection without regard to the principal lease. If the principal lease is terminated, the landlord is subrogated to the rights of the tenant in his contract with the sub-tenant.
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Old 13.05.2021, 14:09
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Re: The current sub-lender has any priority when home owner wants to rent

Yes it's me. Just on a point of language which I hope will be helpful, "lender" is the wrong word. A lender gives something which is expected to be given back with or without a charge but that doesn't apply here. The landlord rents or lets a property to a tenant. If that tenant sub-lets (rents) the property the new person is the sub-tenant.
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