I was in a desperate situation and i signed a contract for 6 months in Niederdorf for an apartment. I have been living in this apartment since the first of September. Although i really like the apartment and would like to continue living there i believe the rent i a bit too high for me. I believe i could be living here but i would have to be living on water and noodles. I have lots of friends living in Oerlikon for 40% of the rent i am paying now.
1. Is there a law that allows me to cancel contract and leave the apartment early within a limited time, e.g. 1 month?
2. Do you think the landlord will allow me to sublet after only 1 month?
Im afraid he will dislike me after i say i want to move after not even a month
You can most likely get out of the contract should you find a willing tenant ready to replace you. They will have to satisfy the landlords criteria in terms of permit, income, etc.
Depending on price and location, as well as how long the place is available for will depend how likely you are to find someone.
I don't think such a law exists. From the day the contract is signed you are under obligation to adhere to the terms of the contract. (unless of course the terms of the contract are against the federal law, but I doubt this is the case)
The landlord might dislike the idea as you say but he can't stop you. Your main problem is finding someone to sublet to, given that this is a very pricey apartment in Niederdorf, you will struggle to find takers.
I would speak to the landlord and see how he feels, he might let you off the hook, and he might even have other candidates who might be willing to take the apartment. But I wouldn't hold my breath.
So, just to be clear, if i can find a tentant that can afford the apartment and is a good guy with good traits, i have a right to transfer the apartment? Or to sublet?
I am not 100% on how you would transfer the contract, givn that it's a fixed term contract for at least 6 months. But in principle you are allowed to get someone to live in your apartment with the permission of the landlord who pays you rent (i.e. sublet).
To transfer the contract completely, depending on the terms of the contract, you have to first of all live their for the minimum stipulated as far as I know. So in the meantime the only option open to you is to sublet with permission of the landlord.
Not many people on the forum can give you the exact legal rights. And the only people that can give you definitive info are the people at the mietervreband .
Why would you want to sublet? You don't want the apartment, right? You want a cheaper place. Sub-letting is normally done when you want to lease a room in an apartment you have a main contract on, or, when you are vacating an apartment for a length of time but wish to keep it for when you come back or whatever so sub-lease to a temp tenant.
Ok, me and the Doctor are saying different things.
He seems to think subletting is your only option.
I am of the opinion, as with all contracts I have signed and heard of in terms of apartments here, that if you can find someone to take on the contract you can get out, irrespective of notice or fixed periods. Of course there is timing elements, getting someone to take over exactly when you want to leave so not to pay for months or partial months not there.
But it is how I got out of my last contract and how my current flatmate is getting out of a contract with me, by finding a replacement.
I am not sure why you would want to sub-let i.e. hold on to the apartment and lease it to someone else, when you do not want it short or long term. But perhaps as it is a 6 month contract there are different rules at play here.
Kündigung bei unbestimmter Dauer 3 -monatlish im voraus auf Ende März/Juni/September (Nichtpassendes streichen)
jedoch früstens auf Ende März 2014.
Due Kündigung durch den Mieter hat mit Einschreibebrief, jene durch den Vetmieter mit amtlichem Formular zu erfolgen. Sie ist gültig, wenn sie spätestens am letzten Tag vor Beginn der Kündigungsfrist bei der Gegenpartei eintrifft oder bei der Post abholtbereit vorleigt. Für die Kündigung von Mieterverträgen für Familiewohnungen gelten die besonderen Bestimmungen (Ziff 16) in den "Allgemeinen Bedingungen zum Mietvertrag für Wohmräume". Bei ausserterminlichen Kündigungen ist deren Ziff. 17 zu beachten.