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Apartment Rental Cancellation

7 months?

torry
post 15.Jan.2013, 03:29 PM
Post #1
Joined: 15.Jan.2013

Hi,
We moved to Sweden 6 months ago to start a small business. When discussing the apartment contract with the owner he said that he wanted 7 months notice when canceling. We said that was not possible and that we could do maximum three months. Business has not gone as we were hoping and now we are being faced with moving to North America. We wrote our cancellation letter giving the proper three months notice and the landlord is outraged and is saying that we have to give seven months notice. He is ignoring the fact that we needed it to be three months. The contract is in Swedish so when we signed it we trusted him that he had changed it to three months. Unfortunately sub-leasing is not permitted.

Is there anything we can do? The landlord is not budging and really making this a difficult situation. We cannot afford to stay here longer than the three months. From what I understand three months notice is the norm.

Any advice would be greatly appreciated.

Thanks!
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byke
post 15.Jan.2013, 03:32 PM
Post #2
Location: Europe
Joined: 28.Oct.2008

How is he going to chase after the cash if you leave no forwarding address ?
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torry
post 15.Jan.2013, 03:37 PM
Post #3
Joined: 15.Jan.2013

I would prefer to handle this situation properly if there was a reasonable solution.
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byke
post 15.Jan.2013, 03:42 PM
Post #4
Location: Europe
Joined: 28.Oct.2008

If you have signed a contract specifically stating 7 months termination, then I am afraid I think you will find its going to be that.

Even if you had a verbal agreement, since you chose to sign said contract it will be very hard to prove and the time taken to go through the courts could be fairly long and very expensive.
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byke
post 15.Jan.2013, 03:44 PM
Post #5
Location: Europe
Joined: 28.Oct.2008

Do you have any paper trail showing correspondence in which you stated that 7 months was not possible, and that you required 3 months?
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Yorkshireman
post 15.Jan.2013, 03:45 PM
Post #6
Joined: 22.Nov.2011

What is in the contract, what you signed, is the Governing rule in this case. You can in law give notice of 1 month if there is nothing else specifically written in the contract. It doesn't matter what You wanted, it is what is agreed via the contract that counts. Regardless of language, it is both parties responsibility to check the contract before signing.

What I have done in other countries for contracts where the national law states that for a contract to be valid is to have 2 copies, 1 in the national language and the other in English, with the clause added that the national language version is there to meet legal obligations, but the Governing text in case of dispute is the English text version. wink.gif
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torry
post 15.Jan.2013, 03:55 PM
Post #7
Joined: 15.Jan.2013

Thank you both very much. I assumed that would be the case but I was hoping there would be a way around it or some kind of legal loophole pertaining to the seven months. We have to leave in three months regardless of the outcome and the landlord has stated that he does not wish to further rent the apartment after our contract is terminated.
He must have another use for the apartment but still wants 7 months rent from us. I understand that we are in a legally binding contract but considering the circumstances we were hoping for some leniency.
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Yorkshireman
post 15.Jan.2013, 04:10 PM
Post #8
Joined: 22.Nov.2011

QUOTE (torry @ 15.Jan.2013, 03:55 PM) *
or some kind of legal loophole pertaining to the seven months.

In theory, there is an exception in the law that states that You can, give notice to leave for the end of the month once it is 3 months left on the contract. Jordbalken (1970:994) 12 kap 5 § ...which seems like it means you can leave basically 2 months earlier than the 7 months notice wink.gif
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Bender B Rodriquez
post 15.Jan.2013, 05:30 PM
Post #9
Joined: 25.Mar.2006

Yes, for individuals the law often gives protection which means that you cannot trade away you legal rights in contracts, so for an apartment you always have maximum 3 months irrespectively of what the contract says. So, it is not only "in theory": http://www.omboende.se/sv/Hyra/Att-hyra/Uppsagningstid/

It is the same with EULAs you sign on the internet. Most of the stuff you agree to is not valid anyway since the law gives you protection against silly contract rules.
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Bender B Rodriquez
post 15.Jan.2013, 05:35 PM
Post #10
Joined: 25.Mar.2006

QUOTE (torry @ 15.Jan.2013, 04:55 PM) *
Thank you both very much. I assumed that would be the case but I was hoping there would be a way around it or some kind of legal loophole pertaining to the seven months. We ha ... (show full quote)

The landlord is trying to scam you. The law gives you three months notice no matter what a contract says. The landlord should be aware of this.
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johnjohn
post 15.Jan.2013, 06:01 PM
Post #11
Joined: 10.Dec.2010

Where I am from you can only sue for damages, losses suffered. If another tenant is found the landlord suffers no loss except perhaps the cost of the advertising of the apartment. Give your 3 months notice and good luck in your move.
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