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Old 15.10.2008, 13:43
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Question about staying through lease after giving early move out notice

Hi everyone, apologies if this question has been asked before but I have an interesting situation...

I am on assignment from the U.S. and am renting a flat in Zurich. The 1 year lease expiration is on March 31, 2009. Recently I thought I'd have to leave early to return to the U.S., so I sent a registered letter to my landlord advising him of my early move-out date on January 31, 2009. This was with four months notice. Last week my company informed me they'd like to extend my assignment by two months (thanks guys) which would go through March 31, 2009, but I've already given notice of my early move out. My landlord wants to show the flat to two candidates next week.

Legally, am I required now to move out since I have already given notice? Can the landlord say "no" if I want to stay through March 31, 2009? Before I call him to explain the situation, I'm trying to discover legally what options he has and what I have.

Thank you everyone for any advice you can provide.

- Jess
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Old 15.10.2008, 16:25
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Re: Question about staying through lease after giving early move out notice

Normally if you formally give notice it is very difficult to stay in the flat.

The landlord does not have any legal obligation to extend your lease because you terminated the lease agreement with the 31 January and they have no obligation to provide you with accommodation after that date.

Having said that, everything in life is potentially negotiable, so give it a try. For legal advice on this issue you can contact ASLOCA (or whatever it is called Zurich). Ah, here it is: http://www.mieterverband.ch/
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Old 15.10.2008, 16:28
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Re: Question about staying through lease after giving early move out notice

Ah ok, thank you for that info. If I can't find a tenant, however, I'm still legally obligated to pay through the end of the lease (March 31, 2009), right? Seems like giving notice was a bad idea, since I can be kicked out after my notice date but if there is no tenant I still have to pay, so I'm screwed either way.

Of course, what you mention about negotiating is a good idea, and I do plan to call the landlord and see if he'll be reasonable about it. I just wanted to see if anyone knew the legal ramifications first. Thanks again.
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Old 15.10.2008, 17:02
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Re: Question about staying through lease after giving early move out notice

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Ah ok, thank you for that info. If I can't find a tenant, however, I'm still legally obligated to pay through the end of the lease (March 31, 2009), right? Seems like giving notice was a bad idea, since I can be kicked out after my notice date but if there is no tenant I still have to pay, so I'm screwed either way.

Of course, what you mention about negotiating is a good idea, and I do plan to call the landlord and see if he'll be reasonable about it. I just wanted to see if anyone knew the legal ramifications first. Thanks again.
-----

It is a bad idea to give notice unless you are 100% sure you have to leave. Since it is quite possible to find a replacement tenant, one should be ok if the notice is given later rather than sooner.
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Old 15.10.2008, 17:47
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Re: Question about staying through lease after giving early move out notice

Bah, too bad I didn't ask someone here before I did that!
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