You are a property owner and are faced with a new situation: the premature departure of your tenant. The latter, who is supposed to go to the end of the term or terminate his lease early and find a replacement tenant, does not respect his obligations. So how do you get your property back and install a new tenant? Here are some answers.
A tenancy agreement may be for a fixed term, in which case the tenant undertakes to pay the rent until the end of the lease. The tenant has the right to terminate the lease before the end of the term, provided that a tenant is found who agrees to take over the lease. A lease can also be for an indefinite period (this is often the case in Switzerland). In this case, the lease is automatically renewed from year to year and, in the absence of termination, its effects continue, first and foremost the payment of rent.
However, if your tenant no longer pays the rent, it is necessary to terminate the lease as a property owner in order to regain use of the property. However, a certain amount of formality must be observed before you can think about finding a tenant. Failure to pay is grounds for termination, but you must first send the tenant a formal notice by registered letter after two months of unpaid rent, mentioning the possibility of regularising the situation within 30 days. If no payment is made within this period, you can terminate the lease early by giving one month's notice. Once again, a registered letter should be sent to the tenant.
Note: the tenant may object or not leave the premises... In this case, legal proceedings must be initiated. In this case, it is recommended to consult a lawyer.
You should also be aware that in this situation you cannot change the lock of the flat, or even remove the tenant's belongings, if the tenant is still present.
Before you start looking for a tenant quickly, check the condition of the property. In this kind of situation, it may have fallen into disrepair and may need some renovation.
Once the flat has been refurbished to find a tenant, take photos and find out about current property prices. These may have changed since the previous lease was signed. Posting a consistent rent and therefore avoiding being above market is the best way to find a tenant quickly.
Please note: some cantons require a notification of rent to be given to the new tenant on entry, otherwise the lease will be void. This document must indicate the amount of rent paid by the previous tenant. In the event of an increase, the reason must be justified and if it is not legitimate, the new tenant can contest the rent afterwards.
Also write the description of the property and then publish your ad as widely as possible. Using a platform such as SherlockHomes will allow you to advertise widely and for free.
Based on your availability, visits to your flat can be scheduled. In fact, to make your life easier, SherlockHomes offers automatic scheduling of visits with candidates based on your availability. An ultra-practical tool that is accessible via your account, in the ad creation section.
You can then entrust the management of the files to SherlockHomes or receive the candidates' files and check their solvency. In order to avoid wasting time, you can mention in the ad the elements to be provided to constitute the file: proof of income attesting to a salary representing at least three times the amount of the rent, certificate of non-litigation, conditions of the security deposit, etc. All that remains is to choose the best file and sign a new rental contract in order to start receiving rent again. Finding a tenant has never been easier.
This article is not exhaustive and does not engage the responsibility of its author.
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