I’ll just summarize this as best I can. I also have a consultation with a lawyer soon but wanted to get an idea from users here. So, in December 2025, I gave written notice that I would vacate my apartment (ZH canton) effective 1 March 2026. The real estate agency confirmed and acknowledged this through a letter by post. To comply with Art. 264 OR, I organized viewings and found a replacement tenant (Mr X). The apartment was advertised and communicated to all viewers as available from 1 March, and Mr X verbally confirmed at the viewing he was willing to take over from that date. The issue is, the agency provided pre-filled application forms that incorrectly listed 1 April as the start date. I only noticed this after handing out most of them. Mr. X received such form and applied and got accepted. Based on this, the agency later issued a lease contract to him with the start date 1 April, which he signed. Mr. X has confirmed in an email to the agency and to myself that he was informed of the March start date and was willing to start on 1 March and that the later date resulted solely from the agency’s documents, not from his availability (now he cannot start from 1 March as he already informed his agency that he is vacating as of 1 April date). He never questioned the wrong date on the contract, as he believed the agency and I agreed on a new date (he told me this via SMS). The agency nevertheless claims I remain liable for March rent, arguing that the application form showed 1 April and the lease to the new tenant features that date as well. They told me that I can find another tenant to start in March as the lease agreement is not yet countersigned by them (the agency), only by Mr. X. In other words, they are fine screwing him over. My position is that I fulfilled my obligation under Art. 264 OR by presenting a suitable and willing replacement tenant and should therefore be released from liability as of 1 March. The error resulted solely from their wrong documents, which, I agree, I should have checked better but as I had their confirmation that they are aware of when I leave the apartment, I didn’t even think that will be an issue. So now I see no other solution that to seek legal advice. My questions are, is the agency right? Is it my fault for not checking the date on the application forms and this automatically cancels my “suitable” candidate or is it their responsibility to send me correct documents? Am I liable to pay March rent? submitted by /u/Longjumping-Sir8987
Originally posted by u/Longjumping-Sir8987 on r/Switzerland