Obligations and contract law
Living in France, I was recruited for a job in Geneva and found a parking space for my car. Unfortunately, I was made redundant and had to terminate the lease on my car park. However, according to the landlord, I will remain responsible for paying the rent until the end of our contract. How can I get out from under this charge, since I'm no longer using the parking space??
Luc, Thonon
In Switzerland, the termination of a lease is governed by strict rules, in particular article 264 of the Swiss Code of Obligations (CO). This sets out the conditions under which tenants can discharge their obligations before the end of the contract by terminating the lease early. According to your explanations, you terminated the lease following the loss of your job: this is an understandable reason but, in itself, it does not automatically cancel the contract or reduce the obligations arising from it.
However, art. 264 of the Swiss Code of Obligations allows you to withdraw from the contract and be released from your payment obligations by presenting a new tenant who is "solvent and reasonably acceptable" to the lessor and willing to accept the same lease conditions. You therefore have the option of proposing a third party who would be prepared to use the parking space for the agreed rent and until the same expiry date. In practice, you will need to find a candidate that the landlord could not reasonably refuse. This acceptance criterion depends on a number of factors, including the applicant's solvency, the use he or she intends to make of the parking space and the absence of specific risks for the lessor.
In other words, the third party you propose must be able to fulfil your obligations. According to case law, a candidate will be considered acceptable if he or she has the financial means to pay the rent. Note that the landlord does not have the right to refuse a candidate for subjective or personal reasons. On the other hand, he could refuse someone who wished to use the space for a purpose other than that stipulated in the contract (for example, to store goods).
In practice, it is often a good idea to propose several candidates to ensure rapid acceptance. This also reduces the risk of a refusal, which could extend the payment period if the search is unsuccessful. If the landlord accepts one of the applicants, your obligation to pay the rent will end on the date on which the new tenant takes over until the end of the contract.
In conclusion, to avoid paying the rent for your car park until the end of the contractual term, you can look for a solvent replacement and propose this to the lessor. By doing this, you will limit your contractual commitment to what is strictly necessary.
