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How much notice of leaving to give to Regie?

I have been renting an apartment for the last 10 years, and am leaving Switzerland. I have sent a registered letter to the Regie giving 3 months notice. I was surprised to get a letter back saying that I am liable until next June, 2019, and also have the possibility to find suitable tenants. I have no idea why, and definitely did not sign anything showing this date.


The 3 months notice should give ample time for the Regie to find a replacement, which is not my job.


The "Formulaire de Depart" paperwork to officially leave Geneva needs, along with other documents, a clearance letter from the Regie, confirming that the lease has ended, so I am stuck.


is this a normal situation when leaving your apartment?


Baffled.


 

The text you are quoting:

I have been renting an apartment for the last 10 years, and am leaving Switzerland. I have sent a registered letter to the Regie giving 3 months notice. I was surprised to get a letter back saying that I am liable until next June, 2019, and also have the possibility to find suitable tenants. I have no idea why, and definitely did not sign anything showing this date.


The 3 months notice should give ample time for the Regie to find a replacement, which is not my job.


The "Formulaire de Depart" paperwork to officially leave Geneva needs, along with other documents, a clearance letter from the Regie, confirming that the lease has ended, so I am stuck.


is this a normal situation when leaving your apartment?


Baffled.


 


Julian SMay 27, 2018 @ 00:08
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Re: How much notice of leaving to give to Regie?
Post 1

It is tricky here in Geneva and that is what I understood at first, but I was later told that it should be three months before the end of your contract.


I would assume that you entered your aapartment on June 1, 2008, and your contract has been renewed annually (or in some cases every 3 or 5 years). So for the regie they need you to tell them that you don't want to renew the lease 3 months before June.


If I were you I would look for someone to take over the contract, and I am sure that you will find one very quickly given the high demand in Geneve.


Best! 

The text you are quoting:

It is tricky here in Geneva and that is what I understood at first, but I was later told that it should be three months before the end of your contract.


I would assume that you entered your aapartment on June 1, 2008, and your contract has been renewed annually (or in some cases every 3 or 5 years). So for the regie they need you to tell them that you don't want to renew the lease 3 months before June.


If I were you I would look for someone to take over the contract, and I am sure that you will find one very quickly given the high demand in Geneve.


Best! 


Hussein A, May 27, 2018 @ 04:28
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Re: How much notice of leaving to give to Regie?
Post 2

Take help of Asloca if needed. Meanwhile also try to find someone who can take ur appartment.

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Take help of Asloca if needed. Meanwhile also try to find someone who can take ur appartment.


Sam D, May 27, 2018 @ 08:47
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Re: How much notice of leaving to give to Regie?
Post 3

My contract was signed in mid June 2008, and I moved in mid August of that year. I have no paperwork showing any automatic lease renewal, and thought that giving 3 months notice was enough. Never had any letters or contact with the Regie about lease extensions, and seem to be in the dark. They seem keen to prolong my lease until end June next year, but as I am leaving CH this summer permanently for retirement, this is not feasible. I want to get removals in, have apartment checked over for Bail a loyer, then leave.


 


Have started the long paper chase to start the leaving process, but the Regie lease is holding things up. They need to send an all-clear paper for me to add to the Formulaire de Depart.

The text you are quoting:

My contract was signed in mid June 2008, and I moved in mid August of that year. I have no paperwork showing any automatic lease renewal, and thought that giving 3 months notice was enough. Never had any letters or contact with the Regie about lease extensions, and seem to be in the dark. They seem keen to prolong my lease until end June next year, but as I am leaving CH this summer permanently for retirement, this is not feasible. I want to get removals in, have apartment checked over for Bail a loyer, then leave.


 


Have started the long paper chase to start the leaving process, but the Regie lease is holding things up. They need to send an all-clear paper for me to add to the Formulaire de Depart.


Julian S, May 27, 2018 @ 10:31
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Re: How much notice of leaving to give to Regie?
Post 4

My contract was signed in mid June 2008, and I moved in mid August of that year. I have no paperwork showing any automatic lease renewal, and thought that giving 3 months notice was enough. Never had any letters or contact with the Regie about lease extensions, and seem to be in the dark. They seem keen to prolong my lease until end June next year, but as I am leaving CH this summer permanently for retirement, this is not feasible. I want to get removals in, have apartment checked over for Bail a loyer, then leave.

 

Have started the long paper chase to start the leaving process, but the Regie lease is holding things up. They need to send an all-clear paper for me to add to the Formulaire de Depart.


May 27, 18 10:31

In the situation you describe, I think you should consult an ASLOCA lawyer as soon as possible.


Good luck, R.

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In the situation you describe, I think you should consult an ASLOCA lawyer as soon as possible.


Good luck, R.


Ritchie, May 27, 2018 @ 15:35
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Re: How much notice of leaving to give to Regie?
Post 5

I have been told that some leases renew automatically forever unless cancelled, so maybe that is the explanation, but surely 3 months advance notice to leave is adequate. The Regie should be finding new tenants, not my problem!

The text you are quoting:

I have been told that some leases renew automatically forever unless cancelled, so maybe that is the explanation, but surely 3 months advance notice to leave is adequate. The Regie should be finding new tenants, not my problem!


Julian S, May 27, 2018 @ 15:43
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Re: How much notice of leaving to give to Regie?
Post 6

Check the wording of your original lease and, if necessary, consult with Asloca as others have advised.


I would immediately start looking for replacement tenants as this is probably the easiest way out of your situation.

The text you are quoting:

Check the wording of your original lease and, if necessary, consult with Asloca as others have advised.


I would immediately start looking for replacement tenants as this is probably the easiest way out of your situation.


nmcp, May 29, 2018 @ 10:11
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Re: How much notice of leaving to give to Regie?
Post 7

Yes the lease is renewed automatically in Geneva, you don't receive any extension notice from regies, this is normal. You just need to find new tenants ready to take the lease contract in the same conditions, or give the regie a three month notice before the end of the contract (mid June as i understood in your case), So if you gave them notice mid-March, you should be able to terminate the lease easily. If you did not send the niotice mid-March, post an ad on Glocals, Annibis or Facebook, a lot of people are desperate to find accommodation in Geneva. Once you find the new tenants, you just need to inform the regie of this suitable replacement. The new tenanats will have to respect the lease conditions. If they need to opt out, they would need to send a notice mid March 2019. 

The text you are quoting:

Yes the lease is renewed automatically in Geneva, you don't receive any extension notice from regies, this is normal. You just need to find new tenants ready to take the lease contract in the same conditions, or give the regie a three month notice before the end of the contract (mid June as i understood in your case), So if you gave them notice mid-March, you should be able to terminate the lease easily. If you did not send the niotice mid-March, post an ad on Glocals, Annibis or Facebook, a lot of people are desperate to find accommodation in Geneva. Once you find the new tenants, you just need to inform the regie of this suitable replacement. The new tenanats will have to respect the lease conditions. If they need to opt out, they would need to send a notice mid March 2019. 


Ally M, May 29, 2018 @ 18:21
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Re: How much notice of leaving to give to Regie?
Post 8

Thanks for the info. When I advertise for someone to take over the lease, I assume it is for exactly the same rent plus heating/hot water costs? Surely the apartment owner would expect a rent increase after 10 years at the same rental, and maybe want to take a look around and do some painting/redecoration. Because the apartment was totally renovated before I moved it, with all new white goods, the condition can't be the same on return.


 

The text you are quoting:

Thanks for the info. When I advertise for someone to take over the lease, I assume it is for exactly the same rent plus heating/hot water costs? Surely the apartment owner would expect a rent increase after 10 years at the same rental, and maybe want to take a look around and do some painting/redecoration. Because the apartment was totally renovated before I moved it, with all new white goods, the condition can't be the same on return.


 


Julian S, May 29, 2018 @ 18:49
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Re: How much notice of leaving to give to Regie?
Post 9

I'm not completely sure but I think the new tenant will sign the rent contract at exactly the same conditions e.g. price. And since the last renovation was done ten years ago they have the right of having the apartment repainted.


Note that the new tenant will need to earn at least 3 times the rent (gross salary) and have no poursuites in order to be a valid replacement. Also, when someone takes over your rent, the notice of leaving is only 1 month.

The text you are quoting:

I'm not completely sure but I think the new tenant will sign the rent contract at exactly the same conditions e.g. price. And since the last renovation was done ten years ago they have the right of having the apartment repainted.


Note that the new tenant will need to earn at least 3 times the rent (gross salary) and have no poursuites in order to be a valid replacement. Also, when someone takes over your rent, the notice of leaving is only 1 month.


TheOmegaMan, Jun 4, 2018 @ 19:36
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Re: How much notice of leaving to give to Regie?
Post 10

I have found that the original contract I signed 10 years ago did refer to the general Geneva letting conditions, which clearly mentions that 3 months notice before the contract signing date was needed. This is not apparent unless the website is opened. I think that important parts such as this should be included on the main contract which the tenant signs.

The text you are quoting:

I have found that the original contract I signed 10 years ago did refer to the general Geneva letting conditions, which clearly mentions that 3 months notice before the contract signing date was needed. This is not apparent unless the website is opened. I think that important parts such as this should be included on the main contract which the tenant signs.


Julian S, Jun 4, 2018 @ 19:44
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Re: How much notice of leaving to give to Regie?
Post 11

I have found that the original contract I signed 10 years ago did refer to the general Geneva letting conditions, which clearly mentions that 3 months notice before the contract signing date was needed. This is not apparent unless the website is opened. I think that important parts such as this should be included on the main contract which the tenant signs.


Jun 4, 18 19:44

This sounds as though you really do need to get Asloca’s advice.

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This sounds as though you really do need to get Asloca’s advice.


Ritchie, Jun 4, 2018 @ 23:04
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Re: How much notice of leaving to give to Regie?
Post 12

DEFINITELY go to ASLOCA.  They are cheap (I think it's around 80chf for an annual membership); have lawyers who speak English and know the tenancy rules inside out. I've used them a few times when my regie has been, er, taking their time in fixing things in our apartment, and they've helped me win each and every single time.


Even if you only use them this one time, the membership fee will be worth it.

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DEFINITELY go to ASLOCA.  They are cheap (I think it's around 80chf for an annual membership); have lawyers who speak English and know the tenancy rules inside out. I've used them a few times when my regie has been, er, taking their time in fixing things in our apartment, and they've helped me win each and every single time.


Even if you only use them this one time, the membership fee will be worth it.


katherine L, Jun 5, 2018 @ 07:34
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