Home lease transfer without etats-des-lieux / inspection? (Avenant cession-transfert)

Dear All,

I am leaving my current apartment and regie has selected one of of the dossier that I submitted. All good up to this!

Today, regie said they will do a simple one-page lease transfer contract "Avenant cession-transfert - Habitation" and not a full one. I also need to sign this lease transfer (see attached relevant part).

Here is English translation:

This type of contract and "transfer" is something new to me.

Also, they also said there won't be the "état des lieux" / exit inspection from the regie! The new tenant will get the keys and they will accept the apartment in its current state. They will get a copy of the old "état des lieux" and will report any damages that they would find during the first 10 days. If there are any damages then I would be responsible for those. Regie said I can take video & pictures of the current apartment while leaving and if new tenants report something unreasonable then this could be discussed.

I know the new tenants sufficiently well as I have recommended them so I don't expect any surprises here. But, this is just the first time I am signing such a "lease transfer" and handing over keys to a new tenant without état des lieux .

So I just want to ask experienced people here if 1) signing such lease transfer contract is common & safe to do 2) anything specific that I need be aware of for such lease transfers.

Sound's like a really "lazy" regie

There is a risk that the tenant will destroy something in the first few days and try to blame it on you. I would make your own "etat des lieux" signed by both parties, with pictures described in it, for example "a little scratch, 20 cm on the door as on picture 1".

If your're member of ASLOCA call them up

You'd be stupid to agree to this nonsense.

I would not agree until I'd discussed this with Asloca, the tenant's association.

BTW- please, a reminder for all tenants in Switzerland. It's cheap, and they can really help with all their experience and legal team, re difficulties with tenancies. If you are a tenant in CH- do join Aslocal In Romandie, or Mietverband in the German part- before you have issues. A small sum per year could save you many 1000s in the long run.

Like Rega. Both a MUST have in CH.

Looks like a standard lease takeover agreement. Nothing special.

The old and new tenants are free to make a handover protocol as needed, and compensate for any damages caused by the moving out party. Important for the new tenant, they do not only take over contract and apartment, but also all and any liability for damages caused by the moving out party.

The new deposit by XX&YY is entirely separate from ZZ’s (OP’s). However, by signing OP agrees to his not being released if they fail to provide theirs.

OP’s contract ends on August 31, the fact that there are tenants willing and able to take over the apartment establishes that. Full stop. Whether there is a new one (and its conditions) is none of OP’s concern. However per this agreement OP is only out if the new tenants actually sign their contract.

Likewise, it’s none of OP’s concern whether the new tenants have a proper handover, that’s their problem (and potentially the landlord’s later on).

The lack of a move-out handover and protocol is established ipso facto, to the extent that applies. This is good for the tenant side, as established by long standing court practice . That’s potentially problematic for the new tenants when they move out, but again that’s none of OP’s concern.