Moving out of Switzerland - rental agreement in CH still valid?

  • Dear All,

    I count on your support.
    My partner is working and living in Germany since March 2018 and he recently broke up with me.
    We de-registered from the authorities and he believes he is not anymore liable in paying the rental of our appartment in Switzerland, although his name is also on our rental contract.
    The rental contract has a notice period of 3 months at quarter-end, that means end of March 2019 for end of June 2019.

    Hope somebody could advise on the legal side.

    Thank you

  • Hi Roula,

    To have a legal binding statement, you need to ask a lawyer. From my perspective, note that I am NOT a lawyer, if he is officially entered as a renting person, especially if he signed the contract, what usually is the case, he still needs to pay for it (partially, I guess you shared the rent).

    Keep in mind, if you want to enforce him to pay you probably need to open an official law case with a judge telling him to do so or an agreement out of court.

    Good luck

  • Roula_p,

    your Ex-Partner is wrong. By the time he/she signed the contract he/she is bound to this until termination. In case the beneficiary of the contract moves to a foreign location this will not change the responsibilty.

    However, as you dont tell us if you are still in country or if you moved to somewhere else this makes it a bit more complicated. I assume that you are still in Switzerland and you pay the bill or have to pay the bill. This would mean that you have to legally charge your Ex to get the money back and this is will be cost intensive.

    If you are still here in country and he/she is out in best case you can get a legal statment which can be executed when your partner comes back in country or can be executed through one of the international agreements. But this requires you to have his registered address in Germany. No much hope to get him/her when you do not have a certified address. As you mentioned he/she is working in Germany you might be able to get his sallary distrained. Fingers crossed.

    I have no idea how much money you are talking about but take under consideration before you invest in lawyer and all this good stuff that you need to have additional money to fight this battle.

    I can not give you any hint on what to do here, but bottom line is your Ex is bounded to this and has to pay. But the other side of this is, if he/she is out of country it might not be cheap and easy to get this money back and in worst case you will never get anything back...

    Just my five cents to this from my previous live: Someone owns me 50K € and I do have the legal title for this. The person tells the judge that he/she is broke and no money. So I get the title and every time I want to get it executed I have to come up with like 800€ for execution. In other words I pay 800€ to get told by court that this person currently has no money. Guess what I did with this case?