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Old 16.06.2011, 21:05
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Cancelling parking place contract before termination?

Hello all,

Probably should check with a lawyer but would like to know EF'rs thoughts and opinions.

We are in a difficult economic situation (unplanned for...) and are cutting whatever extra expense we can to make ends meet. We have two cars, I am putting one of them on 'standby' for at least 6 months - returning plates, thus suspending insurance and taxes, gas, maintenance, and parking it somewhere else.

I wrote the owner of my parking place to say I wanted to give notice, he answers the contract has a duration of Sept 2012, and that my only option is to find someone who takes it over. That might prove difficult as this is a village and I think there are more empty on the same garage (don't know if they are on the market).

But I am wondering, is it so, that he can force me to pay for more than a year? What if I moved country? What if I was jobless? I had assumed I had to pay 3 extra months, but not this much.

Do I have any alternative? Besides, of course, finding another 'tenant' for the parking place.

Thanks for thoughts. Best regards,

Juan
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Old 16.06.2011, 21:09
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Re: Cancelling parking place contract before termination?

I am sure many others will agree - it all depends on the contractual terms and conditions, and without seeing it, it is going to be difficult to what options exist.
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Old 16.06.2011, 21:10
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Re: Cancelling parking place contract before termination?

Of course. It's quite a simple contract... even I with my very basic German can read it

Quote:
Mietbeginn: 1. Oktober 2010 mittags, um 12:00 Uhr
Kündigung: 3-monatlich zum voraus je auf Ende eines Kalendermonats
Mindestmietdauer:
für den Vermieter: Der Vertrag ist frühestens kündbar auf 30. September 2012
für den Mieter: Der Vertrag ist frühestens kündbar auf 30. September 2012
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Old 16.06.2011, 21:12
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Re: Cancelling parking place contract before termination?

für den Vermieter: Der Vertrag ist frühestens kündbar auf 30. September 2012
für den Mieter: Der Vertrag ist frühestens kündbar auf 30. September 2012

You agreed to it, and hence are bound per se.
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Old 16.06.2011, 21:17
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Re: Cancelling parking place contract before termination?

Thanks for pointing the obvious. I am not saying otherwise. I am just surprised it is so and there's no way around it, save finding another person to take it over. Things happen, life circumstances changes (to be honest I didn't sign this and wouldn't have liked it, but things where different a year ago and no idea things would have evolved this way - I would have probably signed it nevertheless).
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Old 16.06.2011, 21:22
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Re: Cancelling parking place contract before termination?

It is up to you to persuade the Landlord to waive his rights under the contract - apart from finding a replacement tenant.

I have known cases, very rare, where the opposing side ( be it Landlord, Service provider etc. ) was "persuaded" to be amenable to an early termination. An ( native ) employer spoke to the ( foreigner having just arrived ) employee's landlord ( a native ) and "whacked" him over the phone for a grossly unfair tenancy agreement and managed to get the whole issue solved without a single rappen more.
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Old 16.06.2011, 21:27
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Re: Cancelling parking place contract before termination?

If you signed the contract it's your responsibility, hard but there it is. If your landlord is holding you to it, whilst you may think it unreasonable, it is his right.... unless you can find someone to take it over, which would be the same with any lease.


Mind you:
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We are in a difficult economic situation
Maybe you can surf for lawyers on the Ipad 2 your looking for on another thread... or use the money for the iPad to pay for your car park as per your agreement

Last edited by Papa Goose; 17.06.2011 at 08:11.
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Old 16.06.2011, 23:12
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Re: Cancelling parking place contract before termination?

Legally, you do not have a leg to stand on.

That is the answer.

It does not matter how many times you pose the question.

Accept it, and move on.
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Old 16.06.2011, 23:54
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Re: Cancelling parking place contract before termination?

if you don't want to find a tenant, you can maybe appeal to his better nature (good luck). or perhaps offer a deal (e.g. give it up the place and pay a reduced rent as compensation).
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Old 17.06.2011, 00:33
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Re: Cancelling parking place contract before termination?

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Thanks for pointing the obvious. I am not saying otherwise. I am just surprised it is so and there's no way around it, save finding another person to take it over. Things happen, life circumstances changes (to be honest I didn't sign this and wouldn't have liked it, but things where different a year ago and no idea things would have evolved this way - I would have probably signed it nevertheless).
There is your out, right there. Pleading for mercy is your only option.
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Old 17.06.2011, 09:38
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Re: Cancelling parking place contract before termination?

Try and find a nachmieter. I rented my second parking space out the same day I put a note up in the garage. Many big places only come with one space

If that fails, I'd ask the landlord nicely about canceling your contract early for one parking space due to a change in circumstances. I've been a landlady for over 10 years and have let a few tenants out of their contract and said they could terminate early when their circumstances changed or stay on week by week when one lost her job.

If you are in a tight financial situation, trying to increase your income might be a better way to go than trying to cut your costs that are tied in by contracts. A couple of colleagues were doing weekend shifts at at a petrol station. Back home I had a casual newspaper print factory job doing night shifts that would bring in double rate after a certain time. There were loads of people using it as their second job and signing on for shifts when they needed the extra money.
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Old 17.06.2011, 09:42
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Re: Cancelling parking place contract before termination?

It's always a shame how people in the forum love at jumping at people and rubbing things at their face. Thankfully, many other members normally give a good answer and ask (or joke) before being offensive/conclusive.

jrspet, PapaGoose, Phil_MCR, MarieZug, thanks for your answers.

Who said I am paying for that iPad? What's more... does it have to do anything with this topic (or is it any of your business)... I get it's a joke (sorry, stressful day, leaving for a trip shortly).

Quote:
It does not matter how many times you pose the question.
W-Maximus - I've only asked once. And besides, I am not saying I want to skip on the responsability - I won't. I am just wondering what can be done with a contract like this given a more urgent situation (loss of job, moving abroad, etc). I know, as an owner that's none of my business, I rented for 2 years and part of that is not having the uncertainty of having the place empty.

For now, not pleading for mercy. Owner is a neighbor and friend of my flat's owner, I rather avoid that for the time being. Swiss friend has told me it's not that hard to rent and given me tips on how to do it, so will go that way.
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Old 17.06.2011, 10:50
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Re: Cancelling parking place contract before termination?

I also live in a small vilage, but you would be surprised on how many people are looking for parking space! I own an empty parking place, though I don't have a car, so my friends have a place to park when they come to visit.

Since you are in trouble with money and can't post in homegate for free, I suggest the free board in coop and migros, and a little A4 paper on the entrance to your home

Good luck!
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Old 17.06.2011, 11:17
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Re: Cancelling parking place contract before termination?

It's hard, and I feel for you, but look at it from the landlord's perspective.

You say that there are empty spaces in the garage, so they are already earning less than they could.

They have a guaranteed income on your spaces for the next year or so. It's hard for them to give that up too - a lot of people are feeling the pinch. They still have to pay their mortgage and tax on the potential income of those spaces.

You can certainly try, in a friendly way, to come to an agreement. But don't talk to them about "forcing" you into anything, you'll lose any sympathy you might otherwise get. Explain your circumstances. Explain that you will obviously fulfill any contractual obligations, but ask them if there is some compromise that can be made.
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Old 17.06.2011, 11:25
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Re: Cancelling parking place contract before termination?

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If that fails, I'd ask the landlord nicely about canceling your contract early for one parking space due to a change in circumstances. I've been a landlady for over 10 years and have let a few tenants out of their contract and said they could terminate early when their circumstances changed or stay on week by week when one lost her job.
this is worth a try if you can explain your situation. i've also let people leave without notice period and paid out their full deposit when i didn't have to (e.g. when they were made redundant).

landlords are (sometimes) also human, but hard to say how hard-nosed your LL is. switzerland seems a lot less flexible and i can imagine your LL not comprehending why on earth he would diverge from the contract...
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Old 17.06.2011, 12:40
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Re: Cancelling parking place contract before termination?

Can't help with the initial question but I was wondering where you intended to 'store' your second car once you've handed in the plates, etc. It has to be on private property, ie; not on public road or parking area, so you might need to use your rented space for that. The same happens if you 'share' plates between two cars, the one not in use has to be parked off the public highway.
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Old 17.06.2011, 17:33
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Re: Cancelling parking place contract before termination?

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W-Maximus - I've only asked once. And besides, I am not saying I want to skip on the responsability - I won't. I am just wondering what can be done with a contract like this given a more urgent situation (loss of job, moving abroad, etc). I know, as an owner that's none of my business, I rented for 2 years and part of that is not having the uncertainty of having the place empty.
Legally, you are still responsible even if you move abroad or lose your job. Practically, the landlord probably has an idea that if the tenant leaves the country he can't enforce payment and if the tenant has no money he can't get blood from a stone. So, many times they landlord will negotiate an "out". But he is by no means obliged to do this.

"Pleading for mercy" yes is a bit of a jokey way of saying, you need to talk to the landlord. But like you say, try to rent it first and if say by the end of the year you can't find a new tenant and your circumstances haven't improved, then perhaps have the chat with your landlord.
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