Agent/New Tenant Changed Lease Date

Hi all, I would some thoughts and advice on a rental
Situation of ours. Essentially we had to cancel our lease early after living in our apartment for approx 2.5yrs in Zurich… the real estate agent was happy enough taking 1 months notice if we found new tenants… all was fine we held
Inspections for many people. One couple was particularly fond of the place and we actually recommended them to the agent to be the new tenants just from our interactions with them (we had no over sight of their documents etc as that was direct with the agent). During the whole process the start of lease date was clearly set for new tenants to take over the place. The couple we approved for the place although they and the agent changed the start of lease date to a later date on the contract without our knowledge leaving us to pay additional rent to their changed date. I know we cancelled the lease early although we made sure everything was ready for the adveritised lease date. I have text messages with the couple stating that the advertised date was fine. Although the agent said they put a later date on the application and the couple stated the agent proposed the later date… any feedback would be great on if we should just suck it up or take further action. cheers

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You have legal insurance? That would be the moment I would contact them, or at least tell the others about your intentions.
What also happens often is that you sublet the apartment for 1-2 months until they get the “main” contract.
Then the agency is not even involved anymore (apart from sending them the sublet contract). I assume it would be easier to clarify this with the next tenant directly, as the agency probably doesn’t care at all (unfortunately).

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This is a topic for the Schlichtungsstelle. I doubt that the new tenants will help you since they already got the contract with their prefered Date.

Did other people also apply for the lease?

Generally I would:

  • always suggest as many new tenants as possible to the landlord
  • ask the applicants to send the application form (or a copy) to you. So that you have proof for the discussion at the Schlichtungsstelle.
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I had a similar case, only I wasn’t directly involved.

I got the flat I have now because someone who had agreed to rent it cancelled at the last minute. The previous tenant then had to pay for another month because he was responsible for finding someone to take over the flat at the time he wanted. It sounds to me like the problem is between you and the new tenants and not between you and the landlord. It sounds to me like the new tenant didn’t stick to the agreed date and gave the landlord a different date.

In my case, the landlord asked when I had agreed with the current tenant that I would take over the flat. Theoretically, I could have caused the same problem as described here. The problem is that you are responsible for finding a new tenant who can move in on your desired date.

I agree. However, the question arises as to whether the Schlichtungsstelle also works in this case, in the event of a problem between the old and new tenant. The problem with the Schlichtungsstelle, however, is that the parties involved do not have to turn up. Then you have to drag the issue on, which then becomes more time-consuming. But: An invitation to the Schlichtungsstelle can be impressive and therefore have an effect.

If you have one, I would first seek advice from your legal protection insurance. The advantage of legal insurance is that sometimes, if you are in the right but it is too expensive for them to fight for your right, they simply pay the damage and that’s it.

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In your case, I wouldn’t worry too much.

To be released from the obligation to pay rent until the end of the contract, it is sufficient to present a solvent tenant willing to take over the lease. Furthermore, if the landlord deems the proposed tenant unsuitable, they are required to explain the reason for the refusal within a few days to allow you to search for another tenant. In your case, since your landlord accepted that the new tenants move in on a different date than your departure, they did not reject your proposal. If the landlord wanted payment for the rent during the interval, they should have refused your proposal and asked you to continue looking for other tenants. Given the landlord’s actions, in my opinion, you are released from the rent payment obligation.

In your situation, I would write to your property management to explain that you presented a suitable tenant and that their internal arrangements do not affect your release from rent payment. Also, keep evidence showing that you presented a tenant, as well as messages from the new tenants. If the landlord seeks rent payments, it will be their responsibility to prove that the proposed tenants were unsuitable and that they informed you in a timely manner. If you choose not to pay, the main risk is that your initial security deposit may not be released. Of course, legal action or Betreibung can never be completely ruled out.

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