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Old 12.12.2008, 11:00
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Taking name off rental contract after split from partner

Hi there, wonder if someone could provide some useful advice here.

I am splitting up with my gf. I am moving out of our appt and she is staying there. It is all amicable.

However, both our names are on the contract and I want to remove mine as she will sublet.

Does anyone have any experience of how to go about this with the landlord? It is HEV, a large association. The thing is, I was the higher earner and I dont want her to be stiffed if we tell them I am leaving. Her salary should be ok to cover it, but I want to play it safe. Also, how does the subletting part work with the landlord?

I havent actually deregistered yet, because I dont know if this will alert the landlord to the fact. So I am living in a little bit of limbo right now.

I would be very grateful for any advice!

Cheers, breezy
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Old 12.12.2008, 11:12
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Re: Taking name off rental contract after split from partner

Hi,

Same thing happened to me with my ex a few years ago. There are several solutions:
- The simplest way is to find someone who will agree to be her "garant" (no idea of the word in english or german). That person goes on the lease without actually living there and agrees to pay her rent if she can't. Usually done by a parent, but anyone can do it (I'm my mother's garant now :-) )
- Another way is to find a new co-locataire that will stay in the flat with her and help pay the rent.

Once someone else is on the lease with her, it's not a problem, you can take your name off.

Subletting is usually forbidden and régies frown on it. At least in Geneva. No idea about it in Zurich.
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Old 12.12.2008, 11:25
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Re: Taking name off rental contract after split from partner

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Subletting is usually forbidden and régies frown on it. At least in Geneva. No idea about it in Zurich.
Subletting is not forbidden to the extent that you have the landlord's permission. The landlord must have very strong reasons if he chose to deny a subletting application.
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Old 12.12.2008, 11:32
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Re: Taking name off rental contract after split from partner

Thanks both (how do I do that thanks thing at the bottom of a post...?).

We have found someone who has already moved in. Thing is she won't stay for more than 18 months and possibly shorter. So I would see that there might be a few people passing through over the years.

Is it normal to always get the new person signed onto the lease?

Also, I think her salary would cover the appt by about 3X, would she really need a guarantor?

What was the reaction of the landlord? Would they say she has to leave under any circumstances? I really dont want that to happen at all.

Thanks again
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Old 15.12.2008, 10:48
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Re: Taking name off rental contract after split from partner

Can anyone help me on the follow up questions:

1. Is it normal to always get the new person signed onto the lease?
I expect a lot of people move in for short periods of time.

2. Would my ex-gf really need a guarantor?

3. Are the rental agencies ok with this type of arrangement?

I really dont want to have the possibility that the rental agency says she must move out.

Thanks anyone,
Breezy
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Old 15.12.2008, 11:20
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Re: Taking name off rental contract after split from partner

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Can anyone help me on the follow up questions:

1. Is it normal to always get the new person signed onto the lease?
I expect a lot of people move in for short periods of time.

2. Would my ex-gf really need a guarantor?

3. Are the rental agencies ok with this type of arrangement?

I really dont want to have the possibility that the rental agency says she must move out.

Thanks anyone,
Breezy
3. Usually, the rental agency is just itnerested in getting the rent paid. Whether it's by a single renter (if your GF can garantee that, then she's fine), a garantor or having more people on the lease.

2. She needs a garantor if she wants to stay alone in the flat but cannot assure being able to pay the rent by herself (it represents more than 30% of her salary)

1. If she wants to have people sublet without putting them on the lease, the garantor is the best way. In that case, the rental agency doesn't have to know about who's actually paying the rent. But subletting without telling the agency is frowned upon.
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Old 15.12.2008, 11:57
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Re: Taking name off rental contract after split from partner

gazoline1212, thanks again, makes perfect sense.

It is more than 33% of her own, so that is the problem. I wonder if they will accept a non-swiss based guarantor (her parents are in the UK). Otherwise I might have to leave my name on the contract - but then I have already moved out somewhere temporarily and will eventually need to deregister/reregister when I find something new.

Hmmm, I prefer neat solutions but this is all part of the rich tapestry of life...
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Old 15.12.2008, 12:23
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Re: Taking name off rental contract after split from partner

Anyone can be garantor for her. A friend, a colleague... doesn't she have someone around who could do it for her?
It usually has to be someone IN Switzerland because they have to give 3 pay slips and sign the lease with her.
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Old 15.12.2008, 13:40
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Re: Taking name off rental contract after split from partner

Well in that case, couldn't I be the guarantor? I will stay in Switzerland after all.

I dont quite get how that would be any different to the current situation though...
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Old 15.12.2008, 14:56
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Re: Taking name off rental contract after split from partner

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Well in that case, couldn't I be the guarantor? I will stay in Switzerland after all.

I dont quite get how that would be any different to the current situation though...
It won't. If you are going to be the guarantor then there is no point taking yourself off the lease really.
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Old 15.12.2008, 15:04
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Re: Taking name off rental contract after split from partner

I think it is best to get out of it completely as soon as possible. If your ex girlfriend really wants to stay in the flat and can not afford the rent, then she should find a co-tenant. If not, then she should move out to a smaller flat.

I understand that you want to help her, but remaining her guarantor can lead to problems in the future. What if she loses her job? Will you be ready to pay her rent even if this happens a few years from now and you perhaps have a wife and children to support?

Where I come from, people say "Even reckonings make long friends" and trust me, there is a good reason why it is quoted so often.
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Old 15.12.2008, 15:50
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Re: Taking name off rental contract after split from partner

ljm,

I dont disagree, but we have already found a co-tennant. The only thing is that we all know the co-tennant will only be here for a max 18 months and possibly less than a year. So the co-tennant isnt on the lease.

Hmmm, I would have thought a lot of people let their other rooms out in flatshares without putting the names on the lease every time. Sounds more complicated.
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Old 15.12.2008, 16:03
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Re: Taking name off rental contract after split from partner

Why don't you get advice from these people http://www.mieterverband.ch/? Maybe there is a possibility for you to get out of the rental agreement and therefore any legal obligation to keep paying the rent and for your girlfriend to keep the flat, with or without a co-tenant, as long as the rent is paid.

I would think that, in the long run, your girlfriend would be better off moving out to a flat she can afford on her income alone.
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Old 15.12.2008, 17:41
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Re: Taking name off rental contract after split from partner

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ljm,

I dont disagree, but we have already found a co-tennant. The only thing is that we all know the co-tennant will only be here for a max 18 months and possibly less than a year. So the co-tennant isnt on the lease.

Hmmm, I would have thought a lot of people let their other rooms out in flatshares without putting the names on the lease every time. Sounds more complicated.
Yes, sure they do. But I agree with LJM. You should get out of the lease & your xGF and her new tenant should be the two on the lease as they are the ones living there. By keeping yourself on the lease, you are only leaving yourself open to potential long term problems. Really, get off the lease & put the new co-tenant on the lease if you GF can't make the payments herself.

Anyway, ideally, your xGF should not be putting herself in this position either. She should rent a place in her price range. What if this new co-tenant leaves before the 18 months are up?
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Old 15.12.2008, 18:23
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Re: Taking name off rental contract after split from partner

Well, if you sublet your appartment in a flatshare situation ensure you have the same cancellation policy as your contract ie "Kündigungsfristen" That way should they leave you have the same time to reorganise yourself. Ask for a 3 month depo, then if they leave well, you've got the buffer....

As for staying on the rental contract... not a smart move imho can only lead to tears before bedtime... However, have you considered speaking to your landlord? They are often a lot nicer than you think... their hands are also quite tied with regards to kicking you out legally as long as you always pay your rent.
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Old 16.12.2008, 12:40
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Re: Taking name off rental contract after split from partner

Good advice one and all, thanks.

I will talk to my ex-gf about it and we will work it out. I have a few avenues to explore now.

At the moment the appartment is covered (we have 2 months security from the other tenant plus the rent up front). It is in a very nice area of Zurich - up the hill in Zuriberg. (I have a feeling you have even visited it Lynn, if you are who I think you are - that'll get you thinking). Bottom line, I don't see any issue in getting someone in there, considering it is very fairly priced. Will work on that clean solution though.

One last thing - are the mieterverband organisation happy enough to converse in English? I suppose I ought to ring them and find out.
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Old 16.12.2008, 13:26
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Re: Taking name off rental contract after split from partner

I dont think it should be such a fuzz if your xGF stays as the sole tenant even if she earns slightly less than the "approved" amount. Landlords would be picky if they are considering new tenants, but the costs of getting rid of a current tenant and advertise the appartment, and the whole process of letting it out again to some unknown people... not really worth it...
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Old 02.09.2022, 11:55
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Re: Taking name off rental contract after split from partner

I am in a similar situation. I am in a WG with another person and he wants to leave and I want to keep the apartment.

The (bureaucratic) company that manages the apartment says that we have to sign both the termination of the contract and then me to apply for the apartment.

Is there no other way? I would like to keep it without risking losing it because the company wants to give it to somebody else or because they are lost in translation.

Thank you.
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Old 02.09.2022, 12:32
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Re: Taking name off rental contract after split from partner

Just checking: is the existing rental contract in both your names?

Unfortunately for you, there is no obligation on the landlord to agree to rent the apartment to you, alone.

I think your options are:
  • Prove that you can afford the apartment alone. Put this documentation to the landlord and ask to rent in your name only, but specificy that your giving notice, together, be done only together with the transfar of the rental contract into your name. If you can, ask the man who is leaving to wait until you receive that confirmation from the landlord, before he tries to give notice. In any case, if the contract is in both your names, he cannot give notice, alone.

    Alternatively,
  • Find a replacement co-tenant who fulfils all the requirements, just as well as the one who is leaving. Supply all their details to the landlord and ask that the contract be amended to substitute man-who-is-leaving with new-co-tenant.
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Old 02.09.2022, 13:30
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Re: Taking name off rental contract after split from partner

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Can you please link us to a rule or regulation that says you must have a guarantor if the rent is more than 30% of your salary? I have never heard of this.
The poster was last active in 2016.

There is no such rule. Must be a policy from an agency.
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