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Old 26.01.2009, 23:29
JOW JOW is offline
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End of rental agreement

Hi,

Our lease expires March 31, but we move out this week (leaving Switzerland for now). We haven't got replacement tenants yet so we might end up paying 2 months extra rent. We have almost a 3 month deposit and my questions are:
1. can we just stop paying the rent and get less back from the deposit later or can the landlord require that we continue paying the rent although we have a deposit that clearly covers all costs?
2. after we move out, you could argue that we wouldn't have to pay Nebenkosten (just the rent) - any comments?
3. the contract doesn't say anything but the hand-over protocol when we moved in says that all kitchen equipment has to be checked by the manufacturer when leaving. We have signed the contract ourselves but weren't present at the hand-over - instead the relocation agent used by my company signed the hand-over protocol. Any comments what our rights are?

Many thanks in advance for any answers.
(of course any replacement tenants are also welcome - the apartment is really nice)
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Old 27.01.2009, 00:26
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Re: End of rental agreement

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Hi,

Our lease expires March 31, but we move out this week (leaving Switzerland for now). We haven't got replacement tenants yet so we might end up paying 2 months extra rent. We have almost a 3 month deposit and my questions are:
1. can we just stop paying the rent and get less back from the deposit later or can the landlord require that we continue paying the rent although we have a deposit that clearly covers all costs?
You must continue to pay the rent unless you find a tenant to take over the balance of your lease. The deposit is separate from the rent and unfortunately the outstanding rent cannot be taken out of it.

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2. after we move out, you could argue that we wouldn't have to pay Nebenkosten (just the rent) - any comments?
Once again you are liable for the NK until the end of your contract.
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3. the contract doesn't say anything but the hand-over protocol when we moved in says that all kitchen equipment has to be checked by the manufacturer when leaving. We have signed the contract ourselves but weren't present at the hand-over - instead the relocation agent used by my company signed the hand-over protocol. Any comments what our rights are?
Rights? No. Obligations? Yes. This is quite standard. Are you certain it is all the kitchen equipment and not just the dishwasher?
Hope you have the relocation company there when you do the inspection. As they attended the lease start, and you did not, they should be there when you give back the keys to ensure all goes well.

It doesn't look like you don't have much time to find a nachmieter if you are leaving this week though good places can go in one day. Consider running an ad with an open house and see if you can't find a suitable tenant which will let you off the hook for balance of the rent. You just need to have applications on hand for any interested parties to submit to the landlord.

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Many thanks in advance for any answers.
(of course any replacement tenants are also welcome - the apartment is really nice)
Good luck and hope all goes smoothly.
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  #3  
Old 27.01.2009, 07:51
JOW JOW is offline
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Re: End of rental agreement

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Rights? No. Obligations? Yes. This is quite standard. Are you certain it is all the kitchen equipment and not just the dishwasher?
Thanks for your reply.
Yes, all kitchen equipment (different manufacturers). Part of the story is that the dishwasher didn't work properly when we moved in, which proves that he didn't apply the same standards before. All the Swiss people I've talked to didn't think this requirement was normal.

(regarding the Nachmieters, I've been active on this forum and elsewhere for a while but haven't yet found anyone)
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Old 27.01.2009, 09:04
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Re: End of rental agreement

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Thanks for your reply.
Yes, all kitchen equipment (different manufacturers). Part of the story is that the dishwasher didn't work properly when we moved in, which proves that he didn't apply the same standards before. All the Swiss people I've talked to didn't think this requirement was normal.
Having the machines checked is quite common unless there is a current service contract in which case the requirement is often waived. Check the terms of your agreement to see whether it actually specifies that it must be checked by the manufacturer and not just by a professional. There are gernerally local companies that do this work for a fraction of the price that an OEM would.

So I would check your agreement and if "manufacturer" is not specified try and hunt down a local company that deals in such equipment and find out from them whether they can do the check.
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