In Switzerland, the repossession of a tenancy occurs in specific circumstances, particularly if it involves the early termination of a lease. In this case, the outgoing tenant must find a replacement. During this transitional phase, it's a good idea to consider the possibility of a contractual agreement to take over the lease. Is it conceivable ?
When taking over a rental lease, the outgoing tenant is subject to several obligations. These usually arise in the context of an early termination. If they fail to do so, they must pay a fee to compensate the landlord for the loss. Through the publication of advertisements and the organisation of visits, he must undertake the steps to find a new chairman.
The takeover of a lease by another tenant does not constitute a conventional breach of contract. It is more akin to an assignment, or even a transfer of responsibilities. In principle, the incoming tenant agrees to sign the lease on the same terms as the previous tenant. This has to do, among other things, with the amount of rent or the duties to maintain the property, for example.
From a legal point of view, the contractual commitment remains similar for both the tenant and the landlord. Taking over a lease therefore does not give rise to any further talks to discuss or negotiate the terms and conditions of the contract. The parties may nevertheless agree to adjustments, provided that they give notice of them in the form of an amendment to the contract.
On the other hand, the rent cannot be reviewed when another tenant takes over the lease. It is necessary to wait for the review date mentioned in the initial lease agreement, or even the anniversary date of the signing if no decision has been made. For information, rent increases in Switzerland must comply with the IRL (Indice de Référence des Loyers).
Taking over the lease limits the possibilities of négociation. However, there are a number of concepts that should be given particular consideration when signing a 'classic' lease. This is particularly true of the right of option, where the relationship of obligations can be extended between the parties. A promise to enter into an agreement may also be made in the form of an agreement. As for pre-contractual liabilities, they are based on mutual trust and good faith.
To the benefit of tenants and landlords alike, SherlockHomes' services can handle all the formalities involved in taking over a lease. SherlockHomes' expertise also extends to other areas of the Swiss property market. The services on offer include the ordering an extract from the register of debtors, as well as providing a certificate of solvency.
This article is not exhaustive and does not engage the responsibility of its author.
My account
Français
