Hi everyone
Sorry to bring a not so nice topic to the discussion but im not sure about the rules in switzerland and having trouble understanding them so if anyone can offer some advice or direct me where to look, i would be most grateful.
When i came to switzerland 6 months ago i moved in with my partner in a WG. Both of the other WG occupants had said it was ok prior to me moving but now one of them asked us not to live there anymore. She did not give a timeframe just said we should move out. So we found another place to stay and have told the old housemates we will be moving out. According to my partners contract we should give 3 months notice unless we find someone who is acceptable to the other housemates. I advertised the room and took the first person to meet our old housemate and she said to this person she is not interested in filling the room before our 3 months notice have finished. I would rather she meet the people i have found who are intrested in our room and could move in before the 3 months notice are over, because then we would not have to pay double rent. Is she obliged to at least meet these people or is there a minimum number of potential applicants i should provide? Or is there just no way to avoid paying 3 months double rent because if doesnt want anyone in the house she can just say they are not acceptable to her? Or because they asked us to leave (although they did not give a specific date we should be out by) does this change the situation?
If you have any experience in this or a link to a swiss rental advice place i would be ever so grateful.
Thanks again,
Amie
Step 1) Get a written statement from her that she does not want a replacement roommate.
Step 2) Move out.
Step 3) Pull out the seldge hammer and stop paying rent.
Step 4) If she starts to scream and shout: Simply show paper from Step 1) and point to Swiss Code of Obligations Art. 264 Abs. 3 Let. b
Thank you very much for the advice, unfortunatley i am quite sure she would never sign something like this, it is only what she verbally said to the potential replacement WG renter
Try to get it. Important, do not mention why (the legal part I quoted).
If unsuccesful get a written statement with a reason why the replacement was rejected. If she still refuses send the request by registered mail with a deadline.
Best case is she never replies or she states a reason which is not valid.
If she states a valid reason but it is a lie, then it depends how easily you can challenge the lie.
If she states a valid reason which is true you have to find another replecement and repeat the process.
Document everything: the statment that she doesn't want to take in any other roommate before your 3 month notice period (and the reasons why!), and also that you have presented suitable replacements to her. Emailing her 2-3 filled-in "application forms" with some supporting documentation should be enough.
The mieterverband (renter's association) would not be able to help you in this case, since this is an issue pertaining the relationship of two private people in a society (the WG) as opposed to the relationship between a landlord and a renter.
In my opinion the way to go to solve this dispute is involving the Friedensrichter as a mediator: http://www.friedensrichter-zh.ch/formulare.html . Don't know if you can turn to them before your roommate issues you with a payment reminder or betreibung...
What would be ok grounds on which she can reject an applicant?
So far i found this "The landlord has one month to check that the new tenant can afford the lease and pay the rent. If the landlord is not satisfied, the existing tenant must continue to pay the rent until the end of the contract"
From what she was saying she wants to take her time and find someone who fits her lifestyle. Maybe the rules are different for a WG?
Would an email from her be enough if i write her asking what she thought of the applicant?
Some more people have answered my add asking to see the house. This time i thought i would give them all a paper application form and have them return it to me and then give them all to her to review.
Is it necessary that she has the opportunity to meet them in person or just to review their details?
Thank you so much for the advice!
Kind regards,
Amie
Assuming you are the sublessee in the WG and she's the main tenant, she can reject an applicant if the applicant is not 1) solvent and able to pay rent or 2) "suitable" for the WG i.e. a guy in an all-girls WG. But this is very subjective. Are there some criteria specified in your sublet contract? if not, the concept of "suitable" is difficult to establish.
No, the rules are not different under sublet than from a normal rental contract. If you present her with suitable candidates and she rejects them, then you are released from your obligation. It is very important that you keep a paper (or email) track of everything. Asking her to define her suitability criteria would definitely help!
See the last paragraph: http://www.mieterverband.ch/fileadmi...meinschaft.pdf
Do you have a written rental contract of any kind?
From the text you quoted:
Well thank you for pointing out what I missed.
I am wondering whether the OP has breached some terms of the contract or whether this is just a case of people not getting along.
My experience with WGs is such that when one of the tenants is unwelcome, the others are quite happy to seem them move out quickly. An unwelcome tenant living there for 3 months longer doesn't sound like an ideal situation for anyone. I know people who have had to do live under hostile conditions for months because they had no choice.
But if the main tenant is uncooperative with respect to finding a follow on tenant "nachmieter", your best option is to take the matter to rent mediation if you cannot resolve the matter. Once a case file is opened you pay the rent to the "Schlichtungsbehörde".
Many situations never get to mediation as the main tenant (Landlord) realizes they are in the wrong.
If you join the tenant's association "Mieterverband" they can help you with the paperwork for this process.