Is it no more possible to start your planned trip due to the Corona Virus or has the project been postponed and you do not need the temporarily rented apartment anymore?
We have been confronted with a lot of situations, which is why we summarize the most important points here:
Fortunately, we experience a high degree of mutual solidarity in practice, so that to date almost all contracts that have become futile due to the Corona Virus have been able to be cancelled, shortened or postponed by mutual agreement.
From a purely legal point of view, tenancy law does not state any reason, as the Corona Virus presents it, to terminate, shorten or postpone a sublease contract that has already been concluded - neither on the landlord side nor on the tenant side. At best, a "termination for an important reason" would be considered if the fulfillment of the contract would have become unreasonable (Art. 266g para. 1 OR). However, the courts are very strict on what is considered unreasonable and, of course, there is no court ruling on the Corona Virus yet. But even if termination for an important reason would be possible, termination can only take place "with the statutory period", this means for apartments with a period of notice of three months.
Ideally, you should contact your sub-tenant or sub-lessor directly and discuss the situation. In most cases you will find understanding and find a mutually satisfactory solution. In addition to a cancellation, also check the possibility of shortening the rental period or postpone the move-in date.
We can also assist you, for example by describing the situation to your contractual partner and encouraging them to adopt a constructive attitude. If you have cancellation insurance, do not hesitate to contact them.
We have already supported numerous customers in agreeing a good solution and are there for you even in this difficult time.And finally we hope that you - dear customers - will make up for your trip or projects that you have postponed at a later date...