Hello all,
I intend to take over a friend’s apartment. Do I have a higher chance of taking over the lease if I first sublease it from my friend, rather than him recommending me to the Verwaltung?
The backstory is that my friend intended to sublet it to me in order to keep it if he wants to move back. But when he informed the Verwaltung they asked him why is he subletting if he lives in Zurich. He understood that as implying that they do not approve. And now both of us are unsure what to do. Personally I don’t mind either way as long as I can rent it.
I’d appreciate any anecdotes or legal knowledge.
Thanks!
Totally depends on a regie. And perhaps varies by canton. I am in Geneva and cant vouch for Zurich - but my experience was that it all depends who you end up dealing with, even within the same regie.
I've been subletting for more than six months with full knowledge of the regie, with the tenant telling me he was uncertain for how long he will extend nor whether the regie would allow him to continue. As the situation remained protractedly ambiguous, I applied for another apartment in the very same entrance that was advertised. Regie quickly called me and told me it is mine if I wanted it - I preferred taking over my sublet rather than moving to a different apartment, but the guy who managed (other apartment) was totally oblivious - either I take it or not; and could not give any advice on my (then) current apartment.
So i bit the bullet and went for it. Shortly after, my original landlord/tennant from who I was subletting asked me to find a replacement - which was not problem at all, nice young couple of certain nationality quickly moved in. A month later regie decided to advertise that apartment., this couple applied and were told to move out! They gave it to a young girl of another certain (but different) nationality who was almost never in the apartment all these years...
(on purpose I will not be naming nationalities in question to avoid politicization).
there you go...
Thank you Michael. This is good to know. I’m surprised that the regie decided to advertise an already leased apartment, I thought they can only do that if they renovate or the like (at least people I know who were terminated were so for this reason).
I think the regie did not want to allow further sub-let, and my landlord/tennant did not really want to keep the apartment.
They have the right to approve it or deny it, I find it normal that they ask questions. Why is your friend not just replying to the Verwaltung?
As for the main question: as a general rule no, you don't have priority in the lease if you first sublet. It can be that the specific Verwaltung in that specific moment does not want to look for another tenant and just picks you, but it would be more of an exception.
Yes for sure. And I realized that my friend doesn’t really know what he wants, thus he put us all in an awkward situation.
The Verwaltung agreed to the sublet today. My friend had told them last year that he is moving out and subletting to a person, they gave him a year but said afterwards he should either move back in or leave it. So today he reminded them of this verbal agreement and told them that if he doesn’t move back in by then I would be interested in taking over. I guess I can only hope they don’t kick me out then. From the beginning I preferred to take over, but he wanted to sublet, and then he changed his mind and I felt it would look fishy if he suddenly tells them that he doesn’t want to keep it.
Ok, then he's moving out and he's allowed to sublet to you. Good!
Since your friend is how you describe him, let me comment further... Make sure you have a clear picture of who's doing what at every time, particularly stay in good terms with this friend and have him inform you ASAP for any future changes on his contract. Remember that the main contractual relationships will be between him and the Verwaltung, and between you and him, but not between you and the Verwaltung, so you will not automatically be informed of everything.
Worst case scenario: his contract ends and you discover it after weeks, see
https://www.englishforum.ch/housing-...-contract.html
99% won't happen, but give it a thought every couple of months