My girlfriend and I broke up a couple of months ago but due to the difficulties for me to find an apartment in Lausanne, we still live together. Needless to say, this is not ideal.
Now I ́m beginning to get worried about what will happen if I don ́t find an apartment. The contract for the apartment were we both currently live has both our names on it, although she has lived here a 2-3 months longer than me. Can she kick me out? Can I kick her out? What would be common practice in a situation like this? I was wondering if anyone has some advice on what the Swiss law says.
I am not a lawyer, however, in order to cancel the lease on the apartment you will both need to sign the notice of termination. I don't know on what basis she could physically kick you out though...
Try and have some style and try to forget about kicking her out. Move on with good grace and dignity. It is not a question of what you legally can do, it is a question of what you Should do. She was in the flat first, she is a girl, and you should be looking hard for a new place.
I would say technically you both claim 50/50 procent of occupational right of the apartment. However, I should say if you are a man, then I would move on and get me another one... meaning both apartment and gf (sequence doesnt play a role here )
I appreciate the advice, I really do, although I ́m surpised by the lack of gender equality in this forum. The year is 2009. I don ́t think being a man should give me more or less rights than a woman.
The thing is I want to get out of this relation and move out so badly (long story) but I just can ́t get an apartment. I ́ve been looking for almost one and a half month. Surely I could check into a hotel or take a short term furnished studio and pay 2500-3000 CHF/month - if I could afford it.
The thing is, since it ended so badly between us, she ́s threating to kick me out. I ́m just trying to figure out if she can do this legally.
Maybe the situation is not of his making, in which case why should he? I can't add anything to the legal side other than to confirm that you both have to sign the lease termination, presumably so one party can't leave the other homeless.
The OP lives in Geneva, which I am not quite sure about rental prices over there but surely in Canton of Zürich and Aargau it is possible. I would look at this specific period of time as the rental agreements get signed at beginning or middle of April. Have you checked here:
I certainly agree. Maybe it's the way I was brought up , but it made me a little angry to even think that came into the argument.
My personal approach would be to discuss. However if it was me who ended the relationship, then I'd leave. You know the situation and what's right one way or the other. I doubt it's worth the hassle to allow it to escalate (cost wise and outcome).
Look on the rental section of www.homegate.ch - there is a fair amount of stuff in the area sub CHF1500 and even sub CHF 1000. Use the area and price range tools to home in on stuff.
Unless there is a clause in the rental contract which allows for partial termination (Teilkündigungsklause), both parties have to cancel the contract together. The landlord can then rent to one of the parties, if he or she wants to; there is no obligation. If there is no partial termination clause and one of you moves out and the remaining party doesn't pay the rent, you would be liable for it even though you don't live in the apartment anymore because you are still on the lease. So, if things are as ugly as they sound, the only way is for both of you to cancel the contract and move on. As both of you have signed the contract, neither of you has a "more legal" right to the apartmen. Some people in the forum may have slightly old-fashioned views of who should do what but, in this case, Swiss law is gender neutral.
Neither of you can kick the other out. Both of you need to cancel the current contract together. Then owner/agency can rechance(thats the word my agency used) the contract to either of you or to an entirely new party.
This gyan is based on assumption that there is nothing in your contract that suggests otherwise.
Is it possible to crash at a friends place for a little while? Perhaps even just a week or two of not seeing/living with one another will allow you to cool down enough to deal with the details of the apartment.
belongs to rental laws,first take the agreement in front read it. there is paragraph says main and under rentel (haupt mieter and unter mieter) if your girl is main rentel then if she want stay there or u want to stay there eighter one can decide it and send a registerd letter to your verwaltung (owners)one should give a (kündigung)for terminal dates and months which u have in your aggreement,and in the same letter mension it one of your name who is going to take over the appartment,then they will send you a new agreement.but every single rappen should be paid until terminate of your dates.
I agree that you both have a 50/50 claim but the statement by jacek is a bit 2 faced. You cant claim on one hand that the rights in this sitation are 50/50 and then say something sexist like, because he is a man he should give up his rights and let her have the apartment. Come on get with the 21st century. Doing the right and honourable thing in any situation is a good thing to do but should not be based on gender!!