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Generally, it is the tenant who wishes to terminate a rental agreement. Sometimes, too, there is a termination of the lease by the landlord. The latter must however respect the procedure. The point on the foundations of this approach and on your possibilities in the face of this situation.
Is the termination of the lease by the landlord justified?
Several reasons can explain the decision to terminate the lease. Indeed, when the tenant stops paying his rent and the lessor has already sent a complaint by registered mail, the termination of the lease by the owner is possible. If the tenant loses his job or accumulates debts, his solvency is no longer assured and the rental contract can be terminated. Ditto if the lessor proves that the tenant has voluntarily degraded the property. In addition, when the property is sold, the new owner may express his need to occupy the accommodation himself. In certain cases, such as the termination of the lease following a fault on the part of the tenant, for example, the owner may logically wish to put his apartment back up for rent.
Can we oppose the termination of the lease by the owner?
Whatever the reason, it is sometimes possible to refuse the termination of the lease by the landlord. The latter must indeed respect the legal procedures as well as the clauses of the rental contract. You don’t dismiss a tenant that easily. Also, you can contest the termination of the lease by the owner if you consider that his request is unjustified or if he does not provide the appropriate form. You have one month from receipt of the end of lease letter to respond. It is advisable to contact the Conciliation Authority of the canton to find out the precise steps to follow. And if the conciliation does not succeed, the conflict will be judged by the Court of leases and rents.
Accept the termination of the lease by the landlord and find a new apartment to rent
Prefer to avoid litigation? Are you thinking of changing your accommodation anyway? The advantage when the termination of the lease by the landlord is exercised is that you do not have to find a replacement tenant to take over the lease. You will be able to concentrate on the search for a new apartment to rent and on the real estate rental file. Staying on good terms with the owner makes it easy to obtain a certificate of non-degradation of the property and/or payment of rent. For the rest, go to SherlockHomes to investigate your future rental property.
This article is not exhaustive and does not engage the responsibility of its author.
