I am experiencing quite a complex situation, so I would really like to know your insight about it. At the end of August I have to move out from the place I am currently living in: about three weeks ago I found a nice WG and one of the three persons living there offered me to take over her room. Following the standard Swiss procedure, I sent the agency managing the flat the usual documents (my contract of employment, a copy of my B permit valid until 2018, a no-debts certificate and a letter stating that I am willing to be the "nachmieter"). The agency today told me via telephone that my paperwork is fine, but that they cannot issue the contract because also the other two persons currently living in the flat are going to cancel their lease and consequently they need to provide details of solvent "nachmieters". I was aware of this situation from the beginning, but I didn't know it would have become a problem.
Now I don't really know what to do, since I am running out of time (as I wrote earlier, my sublease is going to expire in a couple of weeks). I told to the woman working in the agency that I would be willing to move in BEFORE having signed the contract, provided of course that they give me written confirmation. Although this solution may look strange at a first look, the woman herself told me that she had had people moving in before signing the actual contract. She told me that she needs to talk to her boss and that she will let me know their final decision.
I would really like to know your opinion about this issue. As far as I know, an agency is obliged to give a room or a flat to a prospective "nachmieter", provided that he/she has a high enough salary and no pending debts (this is of course my situation).
EDIT: I forgot an important detail. The current tenant whose room I would take over told me that she would let me in even with his name on the contract, because basically in this situation I would be paying the rent. She already moved out from the flat and is currently paying double rent.
I am aware that the people currently living in the place I'd be moving in signed a joint contract. Now they are going to move out, in slightly different months.
What it sounds like to me is that as there seem to currently be no other nachmieter from the other tenants, you, becoming the "major tenant" would have to show that you can cover things until new other tenants are found.
(Perhaps the agency renting out the flat is going to let it all go empty since everyone is moving out, in hopes of changing the dynamic of the place - perhaps a single renter capable of assuming responsibility for the entire cost, or a family)
As far as I know, the agency is obliged to hand over a flat or a bedroom under the same contractual conditions of the former tenant (i.e., I would have to pay "only" my share of the total rent, the latter one being way beyond one third of my current gross salary). The agency told me that they can't issue a contract for the whole flat (I do understand that), but they could issue the contract for the bedroom I am interested in when other two "nachmieters" are found. I am so confused about this matter...
As I understand it, the lessor is not obliged to hand over the flat or room to anyone, but if they do reject a viable new tenant or try to impose different terms then the current lessee is released from any further obligations.
What is unclear is whether it's a sublet arrangement or a 'shared lease' arrangement.
If all three shared lease tenants have given notice, then it does make sense that the lease has to be re-started with three new tenants, or one main tenant with the others subletting, rather than having the agency essentially managing the place like a boarding house.
The outgoing person obviously has little experience renting and is desperate for the money.... I would think it to be very foolish to let someone take over the room/apartment without any sort of proper lease agreement.
Unless, in this case, you agree to sign a short-term rental agreement from x to y date, to match the other outgoing tenant's notice date, and if you find other people that you want to share with (remembering, as the co-tenant you now have a responsibility to screen your house-mates).... then you could agree with the real estate agent to then extend the rent with your co-tenants...
Watch out for deposits too - if you take over the lease. One 'scam' is for the deposit amount to have been paid from the new to old tenant, but discover later that the actual deposit that is held by the landlord is lower than what you paid, or that you are up for some deductions if the lease is closed out and everyone goes their separate ways....
Did you realise that the other co-tenants had already given notice when you agreed to be the nachmieter ? Do you know what timeframe they have given, and whether they will do a proper handover with the landlord and cover any costs involved with claims against the deposit ?
I could imagine it gets pretty complicated if you agree to take over the lease, the other two move out, and you inherit the apartment 'as is'....
I am pretty sure that an agency or a landlord can reject a "nachmieter" only on an economical basis (debts, too low income, etc.). I am aware of this because I read a document (unfortunately written in Italian) where they clearly state it. The document I am talking about should be reliable, since I found it on the website of a well-known real estate consultancy association.
In addition, as you pointed out, the "nachmieter" is expected to take over the lease under the same economical conditions.
That's why I am confused. As far as I understand, the agency is obliged to make possible for me to take over the lease under the same conditions. On the other hand, they told me that they are waiting for the other two "nachmieters" to be found before issuing the contract...
I think that the purpose of the Nachmieter agreement is to release the previous tenant.
The rules, as you have them written, allow the previous tenant to be released from the contract.
In your case, it doesn't 'guarantee' that you get the flat, but the previous girl should twist the agent's arm to get out of paying the rent if the agent has said that you are a suitable tenant.
In that case, she has no advantage to letting you access the apartment (in fact, it's a big liability). You can do her a favour by telling her that she can get out of paying the rent (probably from 1 September if you didn't get the approval before 1 August).... but it still doesn't resolve your situation....and the landlord may 'sit' on the decision for a couple of weeks until they work out what the other tenants are going to do.
Out of interest, what dates are the other tenants planning to move out on ? I would expect that if it's a 'typical' contract, it would be the official moving date, which in Zurich is 1 October.... in which case they find a new tenant for the whole apartment from 1 October and the two other tenants pay their rent to end of September and don't have to find replacement tenants...
And in that case (given you are desperate) you could ask for a short term lease arrangement from now until 1 October....but it might not be the best idea for you...
Well, thank you for your advice, although that wasn't exactly what I looked forward to hearing... I am beginning to think that she simply used me not to pay the remaining two rents (September and October). My mistake...
To be honest, the situation sounds far too complicated and risky for you, e.g. as someone pointed out, even if 2 other Nachmieter can be found, you'd still have to vet both of them otherwise things could turn sour very quickly. If you haven't signed anything or officially agreed to anything it might be worth backing out of this arrangement and finding another share flat.
I don't believe the landlord is obligated to take on anyone as a Nachmieter. I'm sure they are free to accept or reject as they please. What if the current tenant advertises and two people apply, both of whom fulfill in the financial conditions? The landlord surely has to reject one of them.
I understand you are under pressure but this sounds like a situation to steer clear of.
There are quite a number of furnished serviced apartments in Luzern which can be rented on a short term basis. Indeed you might be stretching your budget for a month or so but at least this will give you time to look when you are not under pressure.
Making a wrong move could cost you a great deal of money.
Sometimes a great place becomes available on short notice so if take something temporarily with a short notice period, you can react quickly.
normally, if you rent jointly - you are responsible for the WHOLE rent if your flatmates do not pay. so until there are other nachmieters, you would probably best to avoid unless you want to put yourself legally responsible for 3 times the rent you expect.
I strongly advise following that up with something in writing. Best of luck finding a new flat. Worst case, you can probably find something short-term using airbnb or even couchsurfing, as long as you're up front about the situation.