Login or Sign Up
 
 
 
 
 
 
 
 
 
 
 
 
Forums Home
 
 | 
 
Latest Posts
 
 
 
Forums in Geneva > Geneva > Leaving our Apartment and Strange Rules
 
Only members can see photos
Only members can see names and photos
Leaving our Apartment and Strange Rules
Jan 11, 2013 @ 17:12

Is there a regie or property manager who can comment on this situation??  


We are moving from Geneva after 4 great years.  We will be leaving our apartment and upon notification to our regie also included a qualified replacement for our lease.  The person also contacted the regie and they were told they could not rent our apartment since they already have and apartment in the building.  They wanted to move up to a higher floor and into our place and then find someone to rent theirs however they were told this is against the rules.


Does anyone know where this comes from?  My guess is that the Regie wants to make 'marginal' improvements and raise the rent for our unit as we feel it is quite under market rent compared to the units that have come up in our neighborhood but this might actually be a Swiss Rule though.  


If it is the former (capitalistic desire for more money) then not sure how that matters since they can do the same for our replacements apartment, net, the make more money so either they are short sighted or something else.  Just looking for a reference for this.  


We are still waiting for them to tell us if we need to find a replacement to our replacement, but for now, they said to wait for the mail.....


Thanks all in advance.

The text you are quoting:

Is there a regie or property manager who can comment on this situation??  


We are moving from Geneva after 4 great years.  We will be leaving our apartment and upon notification to our regie also included a qualified replacement for our lease.  The person also contacted the regie and they were told they could not rent our apartment since they already have and apartment in the building.  They wanted to move up to a higher floor and into our place and then find someone to rent theirs however they were told this is against the rules.


Does anyone know where this comes from?  My guess is that the Regie wants to make 'marginal' improvements and raise the rent for our unit as we feel it is quite under market rent compared to the units that have come up in our neighborhood but this might actually be a Swiss Rule though.  


If it is the former (capitalistic desire for more money) then not sure how that matters since they can do the same for our replacements apartment, net, the make more money so either they are short sighted or something else.  Just looking for a reference for this.  


We are still waiting for them to tell us if we need to find a replacement to our replacement, but for now, they said to wait for the mail.....


Thanks all in advance.


drleblancJan 11, 2013 @ 17:12
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
 
5 Replies | 2536 Views      |  Send to friend
 
Only members can see photos
Only members can see names and photos
Re: Leaving our Apartment and Strange Rules
Post 1
Jan 12, 2013 @ 11:22

From your describing the situation let's believe you gave notice of termination in due times.


Wait for the regie letter untill next Friday. If nothing comes, call again and request a written reply. It should normally state whether or not you will still be liable for the rent and confirm the landlord accepts your lease termination.


If you gave notice of termination not respecting a three months delay the Regie will ask you to present tenants who will take your current flat at your departing date and under same conditions. In such a case you'll have grounds to discuss as you already provided ONE party willing to take over.

The text you are quoting:

From your describing the situation let's believe you gave notice of termination in due times.


Wait for the regie letter untill next Friday. If nothing comes, call again and request a written reply. It should normally state whether or not you will still be liable for the rent and confirm the landlord accepts your lease termination.


If you gave notice of termination not respecting a three months delay the Regie will ask you to present tenants who will take your current flat at your departing date and under same conditions. In such a case you'll have grounds to discuss as you already provided ONE party willing to take over.


alfi K, Jan 12, 2013 @ 11:22
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Leaving our Apartment and Strange Rules
Post 2
Jan 12, 2013 @ 15:49

Alfi, thanks.  We understand all those rules very well.  What we are wondering is if there is a RULE (as we were told) against renting our apartment to someone who already lives in the building.  Just curious if this is a rule or just some strange way for them to try and make more money?  

The text you are quoting:

Alfi, thanks.  We understand all those rules very well.  What we are wondering is if there is a RULE (as we were told) against renting our apartment to someone who already lives in the building.  Just curious if this is a rule or just some strange way for them to try and make more money?  


drleblanc, Jan 12, 2013 @ 15:49
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Leaving our Apartment and Strange Rules
Post 3
Jan 12, 2013 @ 16:54

Under article 264 of the Swiss Code of obligations, you are allowed to return your apartment without respecting the notice, if you propse a new tenant i) who is solvent ; ii) that the landlord/regie cannot reasonably refuse; iii) who is ready to rent the apartment with the same terms and conditions as you had in your lease agreement.


If all these conditions are met, you are supposed to be relaeased from your obligations toward the landlord after awaiting a reasonable time for the landlord to examine the profile of the candidate (about 30 days).


In your case, I think the regie is entitled to object to your candidate only, for example, if 1) the candidate is not able to find a proper substitute for his apartment; 2) the regie had bad experiences with your candidate, such as delays in payments, complaints of the neighbors; 3) the candidate is not solvent.


You are maybe right: the regie intends to raise the rent and it is not able to do so by applying the 264 CO rule...


Good luck !

The text you are quoting:

Under article 264 of the Swiss Code of obligations, you are allowed to return your apartment without respecting the notice, if you propse a new tenant i) who is solvent ; ii) that the landlord/regie cannot reasonably refuse; iii) who is ready to rent the apartment with the same terms and conditions as you had in your lease agreement.


If all these conditions are met, you are supposed to be relaeased from your obligations toward the landlord after awaiting a reasonable time for the landlord to examine the profile of the candidate (about 30 days).


In your case, I think the regie is entitled to object to your candidate only, for example, if 1) the candidate is not able to find a proper substitute for his apartment; 2) the regie had bad experiences with your candidate, such as delays in payments, complaints of the neighbors; 3) the candidate is not solvent.


You are maybe right: the regie intends to raise the rent and it is not able to do so by applying the 264 CO rule...


Good luck !


Alexandre P, Jan 12, 2013 @ 16:54
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Leaving our Apartment and Strange Rules
Post 4
Jan 12, 2013 @ 19:40

You can always go and ask ASLOCA but I think the previous reply is very clear


Wait for the letter

The text you are quoting:

You can always go and ask ASLOCA but I think the previous reply is very clear


Wait for the letter


Paul E, Jan 12, 2013 @ 19:40
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Leaving our Apartment and Strange Rules
Post 5
Jan 12, 2013 @ 22:27

This is really strange, as I know of some people that were renting the apt (when i was looking for one) to move to another apt on the same building (because they were bigger/better in some way).


As far as I can tell from the 2-3 laws mentioning renting, there's nothing like this. but i dont know to which extent regies can make their own rules.....

The text you are quoting:

This is really strange, as I know of some people that were renting the apt (when i was looking for one) to move to another apt on the same building (because they were bigger/better in some way).


As far as I can tell from the 2-3 laws mentioning renting, there's nothing like this. but i dont know to which extent regies can make their own rules.....


wanessa, Jan 12, 2013 @ 22:27
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
5 Replies | 2536 Views      |  Send to friend
 
 
 
Feedback Form