General Terms and Conditions for Tenant Replacement Service ("Terms")
Last updated: 4 June 2025
1. Subject Matter of the Contract
Namsu GmbH (hereinafter "Namsu") provides a tenant replacement service to individuals seeking to terminate their rental agreement early. Upon conclusion of the contract and successful onboarding, Namsu undertakes to search for a suitable replacement tenant in accordance with the following terms and conditions.
2. Obligations of Namsu
2.1 Tenant Replacement Guarantee
Namsu guarantees to identify a suitable replacement tenant by the guarantee date specified in the onboarding confirmation. If no such tenant is identified by this date, Namsu assumes the contractual partner's rental payment obligation from the guarantee date until the earlier of (a) the date a replacement tenant is found, or (b) the next legally permissible termination date of the existing lease.
2.2 Financial Compensation
Namsu shall pay the contractual partner a one-time amount of CHF 100 to the bank account provided during onboarding, provided all onboarding steps are completed truthfully and on time.
2.3 Marketing of the Rental Property
Namsu shall advertise the rental property professionally. The advertisement will initially be circulated within Namsu’s broker network. At Namsu’s sole discretion, the property may later be advertised on public real estate platforms.
2.4 Communication Handling
Namsu will handle communication with the landlord or property manager related to the replacement tenant process. Namsu will also manage communication with potential replacement tenants.
2.5 Contract Screening and Legal Review
Namsu will review the rental contract submitted by the contractual partner. All applications from prospective tenants submitted through namsu.ch will undergo legal assessment.
2.6 Legal Support
If the landlord unjustifiably rejects a tenant proposal deemed acceptable by Namsu, Namsu will bear the cost of legal representation to assert the contractual partner’s rights. Namsu reserves the right to appoint the legal representative.
3. Obligations of the Contractual Partner
3.1 Exclusive Authorization
The contractual partner grants Namsu the exclusive right to search for and propose a replacement tenant. The authorization form must be signed by all individuals who are parties to the lease or are otherwise legally bound (e.g., spouses or registered partners).
3.2 Non-Interference Clause
The contractual partner agrees not to interfere with the tenant search process. In particular, the partner may not independently propose replacement tenants to the landlord, disclose the landlord’s contact details, or enable third parties to bypass Namsu.
3.3 Onboarding Requirements
The contractual partner undertakes to complete the onboarding process within the deadline specified by Namsu. All required documents and information must be provided truthfully and in full. Required documents include:
- The signed authorization form
- Current rental agreement
- Applicable house rules (if any)
- Any supplementary agreements with the landlord
- Photographs of the rental property
3.4 Property Access and Viewings
If in-person property viewings are necessary, the contractual partner agrees to be available for a reasonable number of viewings and to ensure that the apartment is in presentable condition.
3.5 Duty to Act in Good Faith
The contractual partner agrees to support the tenant search process in good faith. In particular, they must not make disparaging or misleading statements about the apartment to prospective tenants or intentionally obstruct the success of the tenant search.
4. Breach of Obligations
Failure by the contractual partner to meet one or more obligations under Section 3 constitutes a material breach of contract and may result in the termination of the tenant replacement guarantee and the waiver of any rent coverage and financial compensation obligation by Namsu. Furthermore, Namsu reserves the right to suspend or cease any remaining service obligations under Section 2, including marketing, landlord communication, or legal support. The contractual partner shall be liable for delays and resulting damages due to such breach.
5. Miscellaneous
5.1 Amendments
Changes or amendments to these Terms must be made in writing.
5.2 Governing Law and Jurisdiction
These Terms shall be governed exclusively by Swiss law. Jurisdiction for any disputes arising from or in connection with this agreement shall lie with the courts at the registered seat of Namsu GmbH.
5.3 Severability
Should any provision of these Terms be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5.4 Language
In the event of discrepancies or ambiguities between different language versions of these Terms, the German version shall prevail.