Contract termination rules in CH

Accomodation, House and Garden
1
Hi,

As in most swiss contracts, ours states specific times of the year to move out:end of October and end of March. Anyone knows how flexible is it to choose moving dates outside this window ?

We want to move 04 April 2018 (instead of 31 March ) because our new house is only free from April.

Thanks for any feedback

2
There is no flexibility.

Tom

3
You have 3 options.

1. Keep paying.

2. Find someone who takes over the contract.

3. Be dismissed by a very friendly landlord.

As for moving dates itself you are very flexible since nobody demands you to be in the house till the contract ends :P

4
You'll probably find that the handover won't be 31 March anyway because that's Easter. The next possible day will likely be 3rd April, couldn't you just take a hotel for that one night instead?

5
I believe you are obliged to find three applicants for the apartment. Even if the landlord doesn't take any of them you will be free of your obligation and move out early.

Please verify it.

UPDATE: as shown below this information is not correct. I will keep it so that if anybody else thinks it is the case should learn as well.

6
One. Art. 264 Code Of Obligations.

https://www.admin.ch/opc/en/classifi...ndex.html#a264

7
Happy to be proven wrong.

8
You can move out whenever you want. As long as you find one 'suitable' and solvent replacement tenant willing to take over the apartment on your preferred date.

That being said, in your particular case, that is certainly too much hassle. Just take a hotel for those three or four nights or maybe ask and hope for some courtesy from your landlord (but make no mistake, he is not obligated to make an exception for you).

9
The recommendation is still three. Because one gets cold feet or finds something better, the other does not meet the criteria set by the law, and the nose of the last one is not to the likening of the landlord. Fortunately, this is not a valid reason and landlord either must take them or release you from your obligations.

10
There must be some requirement for notification - you can't just tell the landlord "I'm moving out tomorrow, here's someone else".

But it doesn't seem to be specified in OR - is there anything on this?

11
Isn't the OP talking about moving out literally THREE days after the official moving date? Not sure if advice about finding "suitable solvent replacements" is relevant...

12
Oh lol, just noticed indeed how such a short period in in between,

Pay a couple of hundreds for hotel and that the moving company stores the stuff for a very short. And all is arranged.

13
Of course, clearly they should give notice for 31st March, then see if they can negotiate the extra few days, and in the meantime find out the cost of the moving company storing their stuff for that short period.

But OP asked a very specific question.

14
One day after official moving date. As March 31 2018 is a Saturday official moving date is in on first working day thereafter which is April 3rd.

Some cantons (and also communes?) where Eastermonday is not a holiday excluded, Neuchâtel (?) https://www.bj.admin.ch/dam/data/bj/...-feiertage.pdf

Art. 78 Code of Obligations and its comments.

https://www.admin.ch/opc/de/classifi...index.html#a78

For sending cancellation letter it must be in landlords reach on or before December 31st latest (or earlier if rental contract stipulates more than 3 month notice period). You do not gain extra time because the moving date is later. With all the holidays in between you should post the cancellation latest on December 23rd 2017 using registered mail.

15
Yes of course some notification is needed, though afaik, there are indeed no specific rules around this or minimum timelines etc.

16
I am not aware of any regulation which would forbid it. In theory you could exactly do that. Just with the small risk that the landlord has someone more to his likening ready to move in (or he forgoes willingly the rental income).

17
And as you showed me yesterday ASwissintheUS in some cantons you can't give notice in December https://www.homegate.ch/mieten/ratge...digungstermine

For sending cancellation letter it must be in landlords reach on or before December 31st latest (or earlier if rental contract stipulates more than 3 month notice period). You do not gain extra time because the moving date is later. With all the holidays in between you should post the cancellation latest on December 23rd 2017 using registered mail.[/QUOTE]

18
Two different things: When you have to give notice and when the tenancy will end.

The dates mentioned in the contract and in the above link are the dates when the contract regularly ends when you give notice. The cancellation has to be sent a certain time, also known as the notice period, before this date.

Usually the notice period is three months. It is also the minimum length by law for any living space save furnished rooms or a parking spaces. If you cancel the contract with a short period and you cannot find an replacement tenant the contract will end at the next possible moving date.

This means: Although December is normally not a moving date you can never the less send your notice in December if end of March is a regular moving date (and your notice period is not longer than 3 months).

Your also free to send the termination letter earlier, 4 months, 6, months, a year .... The notice period is just the minimum. But be careful, once sent and received by the landlord your are bound to move out. You cannot cancel the cancellation unless the landlord willingly agrees.

19
That's a very weird list of holidays as far as Neuchâtel is concerned. Easter Monday (and several others not mentioned) is definitely a holiday here.

20
The list is from the Federal Office of Justice. But see also here from the canton itself: http://www.ne.ch/themes/travail/Pages/jours-feries.aspx

Easter Monday is definitively not an official holiday, but stores must be closed. Stores must also be closed on Pentecost Monday, and on the Monday after the Federal Day of Prayer and Repentance (strange tradition, any other canton which has that?).

That it is not an official holiday means that you have to be careful about contractual time limits but you could also drive lorries, make the same noise and do the same work as on any other working day (just if you have the urge to mow the lawn or cut down some trees), or even called in for work (perfect for doing the inventory in stores).