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Old 05.06.2012, 16:21
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Landlord turning down prospective replacement Tenants

Hi all,

Can anyone advise me on the issue I am having with my Landlord. I have marketed the apartment in Zurich as per his wishes and the agreement but he has consistently been turning candidates down. He rejected a whole weeks worth of viewings because he decided he was going with someone from Paris who hasn't even been to see the apartment! Unsurprisingly, the guy in Paris has pulled out. He's lost the opportunity to replace me and not only that he is wasting my time showing people round and I'm getting a bit p****d about it . Today, his "2nd choice" applicants (after the French debacle) got their contract to discover he has added some ridiculous fees relating to shoe storage boxes in the hallways (which were already installed) and another fee (1500chf) he has added should they leave the property before Dec 2013! He reckons it's to cover admin for him! As a result they are now considering looking elsewhere. My main questions are firstly, do I have to continue providing him with replacements as he just appears to be messing everyone around and secondly, is it right that he keeps his little clauses hidden until contract time, i.e, not being transparent from the time of advertisement?
Thanks!
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Old 05.06.2012, 16:34
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Re: Landlord turning down prospective replacement Tenants

http://www.mieterverband.ch/zh_mb_vo..._auszug.0.html

(in German, from the Mieterverband)
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Old 05.06.2012, 16:40
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Re: Landlord turning down prospective replacement Tenants

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do I have to continue providing him with replacements as he just appears to be messing everyone around and secondly, is it right that he keeps his little clauses hidden until contract time, i.e, not being transparent from the time of advertisement?
Thanks!
As long as you've had at least one of the interested parties submit a signed application, and they were acceptable in terms of credit/income - as far as I understand you are now free.

Continuing from that then, if you're free, who cares what crazy clauses he wants to add? Not your problem.
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Old 05.06.2012, 17:20
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Re: Landlord turning down prospective replacement Tenants

What ever you do, you want to do it via registered letter.

State what you have done (number of dossiers - with names/dates) and mention that if he wants to change terms and conditions for future tenants, you consider yourself free of any further obligation to provide him with a replacement.

You should join your local renter's association (mentioned above) and send the letter.
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Old 05.06.2012, 19:25
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Re: Landlord turning down prospective replacement Tenants

The (German-language) consumer advocate magazine K-Tipp ran an article about this a few months ago.

If you have presented ONE qualified replacement tenant who was then rejected by the landlord, you've fulfilled your part. The landlord cannot force you to stay longer just because he/she didn't accept the replacement, just as long as that person met the minimum qualifications (in terms of creditworthiness, etc.).
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Old 05.06.2012, 20:37
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Re: Landlord turning down prospective replacement Tenants

...nor can he change the terms of your contract. If he does so then you should point this out to him and say that unless he offers the follow on tenants exactly the same terms as you have you are off the hook.

If he gets stroppy or difficult, threaten him with mediation (Schlichtungsbehörde). That generally tends to focus the mind....
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Old 06.06.2012, 08:38
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Re: Landlord turning down prospective replacement Tenants

Thanks folks for all the advice, very much appreciated.

It's very frustrating when you try and do the right thing but he starts messing around. I accepted I would be out before the end of my 3 month notice period and would have to bear the costs of advertising and finding a replacement but he's just showing his true colours...sheer greed.

I contacted the people who applied and it seems to speed the process up many of them emailed the applications (guessing in pdf) rather than physically posting them - would this give him any advantage?

He even rejected one because he felt the guy was making too many enquiries! "agressive" as he described it. Basically a young couple who fell in love with the apartment and were desperate to rent it.

Like I said thanks for all the help!
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Old 06.06.2012, 16:19
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Re: Landlord turning down prospective replacement Tenants

Surprise, surprise the replacements tenants withdrew from the deal as he would not budge on his "additional" terms. Seems he gave them a contract dated Aug 2011....I moved in Sep 2011 and there was nothing on there regarding his extra costs nor were there any shoe boxes fitted at that time. Seems to me someone is faking dates on paperwork now!
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Old 06.06.2012, 16:22
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Re: Landlord turning down prospective replacement Tenants

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Surprise, surprise the replacements tenants withdrew from the deal as he would not budge on his "additional" terms. Seems he gave them a contract dated Aug 2011....I moved in Sep 2011 and there was nothing on there regarding his extra costs nor were there any shoe boxes fitted at that time. Seems to me someone is faking dates on paperwork now!
Do us all a good favor: take a car and run over that crook landlord!*



*or try any legal action against him but that implies lot of hassle, time and efforts... Not worthy if you are moving out
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Old 06.06.2012, 16:24
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Re: Landlord turning down prospective replacement Tenants

send him a fake LV bag or two
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  #11  
Old 06.06.2012, 16:28
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Re: Landlord turning down prospective replacement Tenants

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Do us all a good favor: take a car and run over that crook landlord!*



*or try any legal action against him but that implies lot of hassle, time and efforts... Not worthy if you are moving out
You would not believe how much I would like that!
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Old 06.06.2012, 16:29
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Re: Landlord turning down prospective replacement Tenants

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send him a fake LV bag or two
Yeah loaded with something heavy and strategically placed over his bonce with gusto!!!
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Old 06.06.2012, 18:29
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Re: Landlord turning down prospective replacement Tenants

Ok, now you need to tell him that his new contract is different and you have done all you need to do. Period. If you want to make your point you can say "I spoke to the tenants association and... " first.
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Old 07.06.2012, 12:08
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Re: Landlord turning down prospective replacement Tenants

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Ok, now you need to tell him that his new contract is different and you have done all you need to do. Period. If you want to make your point you can say "I spoke to the tenants association and... " first.
Thanks miniMia! Well he's just announced another replacement. Either way I'm outta here and he can take it on the chin as far as I'm concerned...even tried a pathetic attempt to gain my contact details after I've left - telling me he needs them to deregister me!!!!
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Old 07.06.2012, 13:02
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Re: Landlord turning down prospective replacement Tenants

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Thanks miniMia! Well he's just announced another replacement. Either way I'm outta here and he can take it on the chin as far as I'm concerned...even tried a pathetic attempt to gain my contact details after I've left - telling me he needs them to deregister me!!!!

You need to have something in writing from the landlord confirming that he has rented the apartment and that you are released from your rental contract from a specific date. Force him to confirm this in writing.

As for your forwarding address, you must deregister yourself, but you should forward your mail at the post office and inform the landlord you will be doing so. If you pay your NK akonto, you will be getting a statement from him, this is why he wants your address.

You still have to deal with the final handover of your apartment and as difficult as this might be, it is best to try and stay on good terms with your landlord.
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Old 07.06.2012, 13:06
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Re: Landlord turning down prospective replacement Tenants

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You need to have something in writing from the landlord confirming that he has rented the apartment and that you are released from your rental contract from a specific date. Force him to confirm this in writing.

As for your forwarding address, you must deregister yourself, but you should forward your mail at the post office and inform the landlord you will be doing so. If you pay your NK akonto, you will be getting a statement from him, this is why he wants your address.

You still have to deal with the final handover of your apartment and as difficult as this might be, it is best to try and stay on good terms with your landlord.
I have the confirmation and I have deregistered. All mail that requires redirecting has been done. Thanks for advice though
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Old 07.06.2012, 13:12
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Re: Landlord turning down prospective replacement Tenants

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Thanks miniMia! Well he's just announced another replacement. Either way I'm outta here and he can take it on the chin as far as I'm concerned...even tried a pathetic attempt to gain my contact details after I've left - telling me he needs them to deregister me!!!!
Well, technically he does. Landlords have the responsibility to inform the commune who is living with in your house. We never did. Not sure if the management company did. But that's the law. I'm not sure there is anything wrong with giving him your new contract details.

But do get confirmation that you are free from any further obligations. It won't hurt you to get in touch with the rental association.

Good luck!
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Old 07.06.2012, 13:21
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Re: Landlord turning down prospective replacement Tenants

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Well, technically he does. Landlords have the responsibility to inform the commune who is living with in your house. We never did. Not sure if the management company did. But that's the law. I'm not sure there is anything wrong with giving him your new contract details.

But do get confirmation that you are free from any further obligations. It won't hurt you to get in touch with the rental association.

Good luck!
Thanks, he's happy with what I've told him. Giving him my details would be like having Fred West as a pen pal. No thanks. I've also contacted the association and confirmed he's dropped a clanger with respect to changing terms etc on his contracts but as we have agreed on a replacement and a departure date etc I see no real need to hit him with some unsavoury information which is definately not in his favour...unless of course he warrants it.
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Old 01.07.2012, 17:13
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Re: Landlord turning down prospective replacement Tenants

My agent is the same. He is taking ages to send the application forms to me and he doesn't answer my calls. I think agents probably doesn't care much as they just need to do the handover.
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Old 12.07.2012, 15:01
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Re: Landlord turning down prospective replacement Tenants

i experienced it too. we gave our landlord 1,5 months notice and they said it is ok if we can find a replacement. We searched for prospective tenants and lots of them applied and fulfilled all the requirements. The landlord choose one applicants, and on a signing contract day, suddenly they changed their mind and refused the tenants without any acceptable reason (he is asian and just arrive in CH, 6 months). That was 5 days before our moving date. So, they said we have to search other prospective tenants and until we find it we have to pay the rent. In the end, we found one, but it was past 2 weeks from our moving date. They forced us to paid half month. We got help from hubby's office and wrote them a letter saying that we are not obligated to pay, because of bla..bla..bla... In the end, they said they will not release our 3 months guarantee money until we paid the half month rent. So, we did it.
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