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Old 25.06.2021, 09:20
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looking for advice re. lease take over problems

hello everyone and thank you in advance for your comments

sorry to post another lease take over issue on here but i'm really in need of some advice .

basically i have given notice on my apartment on the 31st may this year to move out on the 1st of july .

i sent my first lease take over candidate on the 2nd of june .

(all my applicants have the correct file and solvency)

i then sent another file over on the 12th of june that was accepted immediately but that candidate pulled out and didn't sign the contract .

i then sent another file on the 19th of june .



the regie now has 2 files in hand and both these candidates are/were ready to move in on the 1st of july . but the regie has done nothing with either .

i have read somewhere that if they do nothing with these files within 30 days ? and give no reason not to accept i am released from the lease.

but does the fact they accepted someone who then pulled out negate this process ?

and is the 30 day period 30 working days or just 30 days ?

i am really stressing out as it is now the 25th and i still know nothing and the regie isn't communicating .

do i have a legal leg to stand on here ?

any advice or theories will be super helpful ....thank you !
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Old 25.06.2021, 21:41
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Re: looking for advice re. lease take over problems

Welcome to the Forum and have a bump. I'm not too familiar with lease takeover rules. I think you only need 1 solvent candidate in order to be relieved of your duty as a renter, but I don't know how you'd "enforce" that. Hopefully someone will be along with some links or more info.
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Old 25.06.2021, 23:55
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Re: looking for advice re. lease take over problems

Do not delay. Write to your landlord, by registered mail. If you send this on Saturday, they will have it on Monday morning.

If your candidates are willing to take over the lease at the same conditions that you have, and if the landlord will suffer no particular disadvantage in having one of those as a tenant taking your place, then you are off the hook.

Disadvantages can be seen in such matters as, for example: the new candidate consists of more persons than you and your co-tenants/family, they earn less or have more debt and are so a greater financial risk for the owner, they play loud musical instruments or own lots of motorbikes or tools and are likely to make a noise, or want to run a business in a residential property which you did not. (Perhaps also in: they smoke but you did not, or they cannot understand the local language but you could.)

In case any aspect of the candidate is deemed by the landlord to be disadvantageous, o rin case any candidate withdraws their declaration of willingness, it is always best to submit the full details of several candidates, including their written declaration that they are willing and able to take over the lease at the same conditions as you now have.

It is best to get your landlord's release in writing. Do not wait, but actually write to your landlord (in an envelope, sent by registered mail).
On DATE I gave notice to end our rental contract as of DATE.
On DATE, DATE, and DATE, I submitted full details of three interested candidates, together with their declarations of willingness* to take over my flat, and rent from you at the same conditions.
Therefore, having fulfilled my responsibility towards you, I consider that our rental contract will end on DATE.
Please provide me with written confirmation of this release from the contract.

For the handover, I suggest TIME-AND-DATE, TIME-AND-DATE or TIME-AND-DATE. Please contact me by mail on MAIL-ADDRESS to confirm the time or, should none of those work, to suggest any other.
Thank you very much.
Kind regards


*If you did not, in fact, send a written declaration by the candidates that they were willing to take over the flat at the same conditions as you now have, then chase them up and ask them for such, and submit it now, with your registered letter.

As you say your landlord has not been communicating, I strongly urge you to write this letter not only in English but also in the local Swiss language, depending on where you live (since your profile says Geneva, then French). If you cannot write in French, post back here, and hopefully someone who can will be kind enough to translate what I have written, or to suggest a better text.

I hope you know that before the handover you have to clean the flat thoroughly, or get a professional cleaner to do with (and then, ideally, with a so-called "handover guarantee").


Note that being released from your lease is an entirely separate issue from whether or not the landlord actually does go on to sign a rental contract with any of the candidates you suggested. In that, the landlord is free to choose between the candidates, or to choose to rent to someone else completely if they so prefer, or to leave the flat empty, or to use it themselves. All of that part is out of your control and has nothing to do with you, but is entirely the landlord's decision.

Your job now is to make sure you will be released.

Last edited by doropfiz; 26.06.2021 at 00:17.
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Old 02.07.2021, 09:49
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Re: looking for advice re. lease take over problems

thank you guys for your responses



so i have been released on the 15th of july because of my two solvent files i sent them , that they did nothing with



why didnt they just tell me i was released from day 1



gva life somtimes is horrid



thank you again
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