It is necessary to sign a contract with the Régie before entering the apartment.  You should contact them back in January when they re-open.

I don't think it'll take 2 months to evaluate your candidature; Régies don't like to keep apartments unoccupied for so long - unless there are some renovations to do.

This was our situation, similar to yours. We found someone trying to give up their lease. They took our application and handed it into their regie (I guess to prove to the regie that there were in fact people vying for the apartment). About a month later (after the tenants had moved out) we received a call from the regie asking us if we still wanted the apartment (to which we said YES,YES,YES) and then they told us, during the same conversation, that they would also be contacting another applicant to ask them the same question. Then the regie called back (20 mins later)  to say the apartment was ours, except...

We had to wait almost two months before moving in. They wanted to do renovations, which they never actually finished, to increasing our rent by an extra $200/mth). 

So...it's quite possible the regie is dicking you around. It's possible there is another applicant, perhaps one that is paying the regie to find them an apartment. In any case, if the regie hasn't directly offered you the apartment I would assume it's not yet yours. 

I feel your pain.

Isabelle -

In accordance with Swiss and Genevois law, a tenant who wishes to get out of his or her appartement lease agreement earlier than on the agreed termination date (as stipulated in the lease agreement) may do so by presenting to the owner/régie a new tenant who is willing and able (meaning e.g. has sufficient means and a correct financial situation, proper work papers, clean criminal records, et cetera...), to take over the lease on the same terms and conditions.

Once the tenant has presented such a complete file to the owner/régie he/she is "off the hook", sort to speak, e.g the owner/régie have to, at such point, agree to the earlier termination date as requested by the tenant.  

Please note, however, that this does NOT in any way guarantee that the owner/régie will also and automatically accept the thus presented new potential tenant, but that they are still completely free to select another candidate or chose to proceed with putting the apartment on the market, contact potential other interested parties, etc.

I hence suggest that you simply contact the régie and ask them if they have received any instructions from the owner yet, on how the owner will wish to proceed in your particular case.

I hope that this explains the matter to you sufficiently, and if not, then please don't heistate to contact me for further legal advise, naturally.

Kind regards, 

Eva

Thank you so much. It's so helpful....I feel bad for this situation and probably someone else's, cuz my feeling was really that the appartement was going to be mine after the former tenant move out...

Anyways, I am looking for backups. hope it will be fine!

Thanks for the reply! I will definately contact the regie after the holidays. Hopefully it will be fine later but I am looking for backups too. I really hope it won't take 2 months..Happy holidays!

Thanks Eva! It's really helpful. I wish I read this before I got into this mess. Honestly I feel there are still so many people posting housing ad like looking for a new tenant. It is quite depressing that I just feel since the new tenant's right to get the appartement is not guaranteed. Thanks for your advices! I hope everything will be fine :)

Happy Holidays!