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| I disagree. She said yes, but only after increasing my deposit to an enormous amount. This was not disclosed to me when I visited the apartment or when I signed the form.
I disagreed with the terms of the contract, hence did not sign. If the terms of the contract are unknown to me prior to the application, how can I agree to agree to the terms prior to seeing the contract?
Again, CHF 150 is a small amount in the large scheme of things. But I don't think it's fair (even if it is common practice). | |
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Be aware that ignorance is no defence in the eyes of the law in any country. By this I mean the fact that the contract was in German in a German speaking part of the world and you speak no German is not going to get you far as a defence.
The terms of contracts are generally quite standard and the assumption is made that you are aware of these. If not you can ask to see a proforma contract before making an application. This is also standard practice. If there is something most unusual then fine. You also should have posted before you said no way to whoever. The simple (ish) get out is to say you have 2 dogs or 3 cats or whatever. Generally there will be a clause saying you are not allowed pets and saying yes I will take it, but I have animals and you never said I could not have them, puts the onus back on the person/agency renting.
I am afraid you have been duped by the agency lady. With respect to the deposit this is more or less standard 3 months rent (kalt Miete). It cannot be any higher. If so then you have a way out on that and can tell her to shove the 150. Otherwise this is a more or less accepted practice. You only need to pay if they accept and you decline.
Note that for some other things such as application to a private school there is a much higher application fee which is non-refundable and payable irrespective of whether they accept the application or not.
