Hi, I have a little unusual story.... I broke my leg in February and told my agency I must leave my apartment (no lift, 4th floor with VERY steep stairs) soon after. I was told it was impossible as I signed a contract till September. I thought I would sublet it without the agency knowing. In the meantime I called again and I was told that yes I can sublet it (the first time round it was "not possible").
Now, 1.5 months later (and paying for an empty apartment) the agency is saying I need to advertise it and so on - but I already found a replacement person a month ago, whom the agency does not want to approve. When asked about other applications (there were a few) they say they never got them.
Also, 1.5 months later I was told I need to send them my official letter stating I am leaving - at no time during our email exchange since March has he mentioned that...
Basically the guy I am dealing with is just an idiot and I assume he's only learning (he's really young and often "has to check" stuff). I do not want to pay for another month of an empty apartment and was wondering
a) is it possible to report Agency's negligence
b) would it be possible to somehow claim partial reimbursement if I prove I was not able to live in the old apartment due to the accident?
Did you cancel your lease in writing (letter, registered)? An email is not sufficient. That is generally so when cancelling anything in Switzerland. Not mentioning that is not negligence on part of the landlord. Check your contract?
Reimbursement: no. Unfortunately the landlord is not responsible.
Are you a member of the Mieterverband? Check with them.
Well, so yes they got it in writing now but 1.5 months later. I specifically asked the agent what I need to do and he never mentioned the letter until last week, a month after I gave him the replacement person's details.
Also, I was in hospital for 2 months so the only way for me to do anything was by email, I had no way to post or receive any letters. And he knew it.
This happens again and again with expats moving to Switzerland. Everything here is clearly spelled out in law, and it is your responsibility to know what is required in order to give notice. It must be in writing, and it must be via registered letter, and it must respect the notice period spelled out in your contract. Please take note so that you are not complaining about your gym membership being automatically renewed in 9 months.
Why would this be the landlord's problem? You signed a lease for the apartment. The fact that you broke your leg and have trouble getting up the stairs is your problem, not your landlord's, and he certainly isn't obligated to give you any compensation as a result.
As said, before, not even death releases you from a rental contract in CH.
Trying to be positive, I think this 1.5 month would have made no difference. The official occasion to leave is September, and with the usual notice period of 3 months it means that the timely deadline for moving out is June.
The agency assumed you would send the written letter at some point, and now they are giving you a reminder of that while you still have time. Maybe they got surprised that you sent them the applications without the leaving notice and started to react to have you complete the necessary steps.
The point is, from this side you got no damage.
Here's a template for the letter:
https://www.ruv.de/dam/jcr:31e0ad43-...er_digital.pdf
I can't comment regarding the sublet, but it's possible that the one candidate was really not acceptable - remember, they are taking in a new tenant possibly for years, their creiteria may be different. You are still on time to sublet from June.
Agencies do make mistakes and yes sometimes there are juniors, I have my (short) list of anecdotes. But not always they have bad intentions, sometimes they just need an extra round of interaction and clarification.
I wish you a quick recovery and if in doubt again just ask here
I will keep that in mind, haha.
Honestly all I was hoping for was some understanding from the agency. I asked for some help and never received any. Hopefully the other applications will be reviewed and someone will take over the studio as soon as possible.
Lesson learned!
But why, why would you expect that they should shoulder any of your financial loss, a loss that was not of their making.
Maybe your insurance is a place to start?
Correct me if I’m wrong folks, but isn’t the law that so long as you present an acceptable replacement tenant, whether the agency accepts them or not, the original tenant has fulfilled their obligations in this respect and is no longer liable for the rent?
By the way, did you consider finding a Nachmieter instead of a sublease tenant? Basically someone who can take over your contract as soon as possible and then you are off the hook. If you have a couple of candidate the landlord pretty much can't refuse and it is quite a hot market, there are apartments that get a line outside the door the same day you post it
If the replacement tenant was solvent and "acceptable", then orginal tenant has no longer obligations.
https://www.mieterverband.ch/mv/miet...zeptieren.html
But it can be that either the replacement tenant was not solvent or the replacement tenant did not accept the lease?
Subletting rules are different, no?
The problem is that OP is all over the place.
First it's about subletting, then there's a replacement tenant i.e. OP wants to get out of the contract. And of course everybody is either an idiot or incompetent except him/her.
That's not how it works. If the proposed person:
- has the same or better permit
- has clear debt registry
- has clear criminal registry
- fits the 30% salary rule
then it is the "right" candidate. The agency naturally doesn't have to take him - but they'll need to find a new one at their time and expense.
Not only that. The candidate has to sign the contract.
Hey all, thanks for a great discussion.
Just to clarify - the costs of paying for the apartment not fit for my current disability - I was asking if any of you know whether this is claimable with insurance for example, not the landlord, of course it is not their problem!
Secondly, I have rang the agency twice and asked what can be done and on two occasions I was told 2 different stories.
Thirdly, the agent took 5 weeks to "review" the suggested person. I am sure this is not right - hence stalling in the title of the discussion.
Next up is the fact that when I tell him more applications were sent in, he denies it (I know for a fact they were).
Another thing is - junior or not, if he doesn't know, it is his job to find out and learn.
I understand the point about 3 months, that makes perfect sense so I can now better imagine why this all is so "relaxed". I had thought it was 3 months if I wanted to break my contract without having a replacement so they have time to find a replacement.
I am now after receiving some document where it mentions they want to advertise it online - surely I would not be expected to pay another month of rent "in case they find no one to start on June 1st"? Or?
You pay until there is a tenant taking over your lease or till the end of the contract.
And your insurance will not pay your rent.
You need to check what is the termination terms of your contract. Usually it is three months in advance notice in writing. Sometimes only possible by the quarters. So, if your contract says by September only, whether you sent notice by June or in April you can get out of the contract by September. To get some money you can find a Nachmieter earlier than that with agency approval. Sorry about the broken leg but it is irrelevant.