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lease take over issue

hello everyone and thank you in advance for your comments


sorry to post another lease take over issue on here but i'm really in need of some advice .


basically i have given notice on my apartment on the 31st may this year to move out on the 1st of july .


i sent my first lease take over candidate on the 2nd of june .


(all my applicants have the correct file and solvency)


i then sent another file over on the 12th of june that was accepted immediately but that candidate pulled out and didn't sign the contract .


i then sent another file on the 19th of june .


 


the regie now has 2 files in hand and both these candidates are/were ready to move in on the 1st of july . but the regie has done nothing with either .


i have read somewhere that if they do nothing with these files within 30 days ? and give no reason not to accept i am released from the lease.


but does the fact they accepted someone who then pulled out negate this process ?


and is the 30 day period 30 working days or just 30 days ?


i am really stressing out as it is now the 25th and i still know nothing about and the regie isn't communicating .


do i have a legal leg to stand on here ?


any advice or theories will be super helpful ....thank you !

The text you are quoting:

hello everyone and thank you in advance for your comments


sorry to post another lease take over issue on here but i'm really in need of some advice .


basically i have given notice on my apartment on the 31st may this year to move out on the 1st of july .


i sent my first lease take over candidate on the 2nd of june .


(all my applicants have the correct file and solvency)


i then sent another file over on the 12th of june that was accepted immediately but that candidate pulled out and didn't sign the contract .


i then sent another file on the 19th of june .


 


the regie now has 2 files in hand and both these candidates are/were ready to move in on the 1st of july . but the regie has done nothing with either .


i have read somewhere that if they do nothing with these files within 30 days ? and give no reason not to accept i am released from the lease.


but does the fact they accepted someone who then pulled out negate this process ?


and is the 30 day period 30 working days or just 30 days ?


i am really stressing out as it is now the 25th and i still know nothing about and the regie isn't communicating .


do i have a legal leg to stand on here ?


any advice or theories will be super helpful ....thank you !


andrew eJun 25, 2021 @ 09:28
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Re: lease take over issue
Post 1

Hi Andrew,


Better to give a call to ASLOCA: "Tenants protection association"  You can book an appointment to get a legal advice on: 022 716 18 00


Also you need to carrefuly read the contract you signed with the regie.


Good Luck,


Gabriella


 

The text you are quoting:

Hi Andrew,


Better to give a call to ASLOCA: "Tenants protection association"  You can book an appointment to get a legal advice on: 022 716 18 00


Also you need to carrefuly read the contract you signed with the regie.


Good Luck,


Gabriella


 


Gabriella G, Jun 25, 2021 @ 12:44
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Re: lease take over issue
Post 2

Dear Andrew,


I am very new to this myself, but I think you can find some good information here:


https://www.cagi.ch/en/housing/faq-housing/early-cancellation-of-the-lease-by-the-tenant.php


It says among others:


'In case of a refusal, the lessor must provide the reasons without delay.


If the lessor decides to refuse a candidate that dully fulfills the conditions set out above, the exiting tenant should be released.'


It seems that if you provide a dossier that complies with the rules (these are mentioned in the link), you should be released from the contract, even if the regie refuses the candidate for some reason.


You have already provided 3 dossiers, and no news from the regie. In this case, you might want to ask ASLOCA https://www.asloca.ch/geneve/, their webpage does not contain a lot of information unfortunately. You need to become a member which is not very expensive, and you can get legal advise.


All the best,


Diddie


 

The text you are quoting:

Dear Andrew,


I am very new to this myself, but I think you can find some good information here:


https://www.cagi.ch/en/housing/faq-housing/early-cancellation-of-the-lease-by-the-tenant.php


It says among others:


'In case of a refusal, the lessor must provide the reasons without delay.


If the lessor decides to refuse a candidate that dully fulfills the conditions set out above, the exiting tenant should be released.'


It seems that if you provide a dossier that complies with the rules (these are mentioned in the link), you should be released from the contract, even if the regie refuses the candidate for some reason.


You have already provided 3 dossiers, and no news from the regie. In this case, you might want to ask ASLOCA https://www.asloca.ch/geneve/, their webpage does not contain a lot of information unfortunately. You need to become a member which is not very expensive, and you can get legal advise.


All the best,


Diddie


 


Diddie Schaaf, Jun 25, 2021 @ 12:49
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Re: lease take over issue
Post 3

Hi Andy,


First and foremost - no need to stress.


First thing you need to do is show the regie that you know the rules - they tend to back off after that.


What you need to know is the law - check section 264 of the Swiss Code of Obligations (https://www.fedlex.admin.ch/eli/cc/27/317_321_377/en?print=true&printId=%23art_264)


That's a first. Your candidates are solvent and willing to assume the rent? That's all you need.


Then, depending on the terms of your rent, the regie might insist the contract is still valid until the 15th (as you gave the first replacement candidate later than the date of notice).


Your second candidate that was accepted immediately but pulled out - won't help you.


It would seem that the first one is key. They (the regie) have dragged their feet for 3 weeks and cant blame you for that.


What you absolutely need to do - move out before 1 July and send the keys to the regie (by registered letter).


Worst case (hypothetical) scenario - even you have not suggested any candidates whatsoever and are not released, the regie still has to minimise the loss by actively seeking themselves, failure to do so reduces your liability.


If you were not paying an astronomical rent and lived in a nice place where demand is high, this could be another defence.


As to Asloca, I have not found them particularly helpful and fought the regie on my own.

The text you are quoting:

Hi Andy,


First and foremost - no need to stress.


First thing you need to do is show the regie that you know the rules - they tend to back off after that.


What you need to know is the law - check section 264 of the Swiss Code of Obligations (https://www.fedlex.admin.ch/eli/cc/27/317_321_377/en?print=true&printId=%23art_264)


That's a first. Your candidates are solvent and willing to assume the rent? That's all you need.


Then, depending on the terms of your rent, the regie might insist the contract is still valid until the 15th (as you gave the first replacement candidate later than the date of notice).


Your second candidate that was accepted immediately but pulled out - won't help you.


It would seem that the first one is key. They (the regie) have dragged their feet for 3 weeks and cant blame you for that.


What you absolutely need to do - move out before 1 July and send the keys to the regie (by registered letter).


Worst case (hypothetical) scenario - even you have not suggested any candidates whatsoever and are not released, the regie still has to minimise the loss by actively seeking themselves, failure to do so reduces your liability.


If you were not paying an astronomical rent and lived in a nice place where demand is high, this could be another defence.


As to Asloca, I have not found them particularly helpful and fought the regie on my own.


John S, Jun 25, 2021 @ 19:08
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Re: lease take over issue
Post 4

sorry, should have written Andrew :)

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sorry, should have written Andrew :)


John S, Jun 25, 2021 @ 19:11
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Re: lease take over issue
Post 5

Definately contact asloca.ch, they will help you.

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Definately contact asloca.ch, they will help you.


Sean C, Jun 25, 2021 @ 23:45
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Re: lease take over issue
Post 6

I would echo Gabriella G and suggest you contact asloca.


I have been luckier than John and found them very helpful. I have consulted them quite a bit over the years.


 


Have all your paper work at hand to do with the flat and communications with the regie when you have your appointment with them.


They can help you write good letters to the regie, if you ask them, which is sometimes half the battle..


If you find that the lawyer you speak to is not useful in any way, ring up again the main number and make another appointment with someone else. That is what I did  when I found one that was not so useful..


Sometimes different ones have diifferent  or more experience than others in different fields,  or the contact is better.


Once you pay your subscription it is valid for appointments for one year.


Let us know how it went afterwards.

The text you are quoting:

I would echo Gabriella G and suggest you contact asloca.


I have been luckier than John and found them very helpful. I have consulted them quite a bit over the years.


 


Have all your paper work at hand to do with the flat and communications with the regie when you have your appointment with them.


They can help you write good letters to the regie, if you ask them, which is sometimes half the battle..


If you find that the lawyer you speak to is not useful in any way, ring up again the main number and make another appointment with someone else. That is what I did  when I found one that was not so useful..


Sometimes different ones have diifferent  or more experience than others in different fields,  or the contact is better.


Once you pay your subscription it is valid for appointments for one year.


Let us know how it went afterwards.


TogJay, Jun 26, 2021 @ 00:00
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Re: lease take over issue
Post 7

*echo Gabriella and Sean C.  I meant    


I have a time  lag on here .. problem with computer... ..Messages crossed..

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*echo Gabriella and Sean C.  I meant    


I have a time  lag on here .. problem with computer... ..Messages crossed..


TogJay, Jun 26, 2021 @ 00:06
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Re: lease take over issue
Post 8

thank you guys for your responses 


 


so i have been released on the 15th of july because of my two solvent files i sent them , that they did nothing with 


 


why didnt they just tell me i was released from day 1 


 


gva life somtimes is horrid 


 


thank you again 

The text you are quoting:

thank you guys for your responses 


 


so i have been released on the 15th of july because of my two solvent files i sent them , that they did nothing with 


 


why didnt they just tell me i was released from day 1 


 


gva life somtimes is horrid 


 


thank you again 


andrew e, Jul 2, 2021 @ 09:48
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