Hi ..

I had been sub-rented an apartment for 14 months till the end of sub renting contract. On the handover and inspection day, the main tenant was not happy with the job done from my cleaning lady so that he contacted his cleaning lady to re-do it again (I had to take care of this bill on top of mine). 2 days later, I received an email complaining again about the cleaning together with additional info informed me that he found 2 damages on a glass window (1 by me, another one existed since before my arrival - documented) and 10 cm broken wall of the fridge (where I (we) did not see during the inspection -not documented on the inspection day) which I doubt that I made this damage.

He contacted the housing agency and it was evaluated that the glass window and the more than 5 years old fridge need to be replaced and the cost has to be under my responsibility.

On top of this, the rent that I paid every months was 29.7% higher than he has to pay to the housing agency.

I appreciate if anyone may give me some advice / suggestions how should I proceed with this? Do I have to take a full responsibility for this? the 3 months deposit is still with him

Welcome to the forum. Contact the nearest ASLOCA for assistance.

http://www.asloca.ch/asloca-vaud-lausanne

It might be worth it to become a member as well.

And if the rent you pay is higher than what he is supposed to pay, then i very much doubt if the housing agency knows about the sublet

i know that subleasing is legal in switzerland but no idea if the sub-tenant is protected if the subleasing rent is overpriced or higher than the original one. How can I know if the housing agency had been notified about this. According to sublease contract - there was no signature from the housing agency. Should I simply contact directly to the regie and ask about this?

Subletting is legal if the regie knows about it and if the original tenant does not make a profit out of it. Which is not true in your case and therefore illegal.

Is your deposit in his account or in a separate account under your name?

ASLOCA does not say the the first tenant can't make a profit. They just say that the terms can't be "abusive" and they say "for example 50% more". Have you seen other references to this?

The deposit is in a separated account "Rent guarantee saving account" under my name. He told me before I signed the contract that it is normal as he lived in this apartment during the last 5 years and that the market price of the apartment has been increased. At that time I was happy enough to finally get this apartment after intensive hunting.

I would say 30% more is quite abusive and taking the p***. I saw this in the forum somewhere with references. Maybe another member can help? If the first tenant can make a profit them im subletting mine!

Thats good at least. I got a bit confused about the rent though. You mean the tenant is paying lets say 1000 per month but he charges you 1300 because he says the rent has been increased? How much was he paying when you moved in and how much is he charging you?

It doesn't help if we think it's abusive. As was said above the OP needs to go talk to ASLOCA.

Yes he does. And come back and let us know what happened

I just checked again the housing contract .. sorry I miscalculated. it is around 20% higher than what he pays the Regie (1850 vs 1560 fr). 1560 was the amount he pays the regie and 1850 is what I pay him.

He already had the glass window replaced last week and new fridge installed this morning and said that he will get back to me soon about the cost. I have never been informed about this replacement and cost. Shouldn´t this be agreed from both parties first before taking such a decision? On top of that, I don´t think I caused damage to the fridge.

Whenever I see the word 'sub-contracting' - it sends shivers down my spine.

Bonne chance.

As mini mia said. Go to ASLOCA. And have a word with the regie as well. What are they going to do? Kick you out?

ok ... i will do - thanks a lot for all the advice. I already moved out actually 2 weeks ago.

Indeed and ASAP.

called to all ASLOCA in the region - and nobody can help with English speaking

Do you have third party insurance?

In any case if the fridge is 5 years old, and the life expectancy of a fridge is 10, then you should only be liable for 50% of the cost. Now if you dispute the fact that it was you who caused the damage, then that's a different matter.

Did he detect the problem when you handed over the flat back to him? Did he sign that all was ok? or did you just walk away without a hand over back to the sub-letter?

I have only "responsabilite civile privee" and "Assurance Menage". The fridge issue was not notified during the handover (not documented on the inspection day). however, I did not receive the handover document that day as he said he will make a copy and send it to me later (not receiving so far)

The only issues reported on inspection day were the cleaning issue and broken glass window (1 mark by me, another was his)

Responsibiite civile is the same as third party liability insurance. Which is all what you need, you need to get a copy of the handover document that you both signed on the day of the handover, if he adds anything make sure he doesn't do it on the original document as this is forgery.

Send everything to the insurance, and they will deal with it and decide what you are liable for and what not. I wouldn't break a sweat over this.

I will get in touch with the insurance company and find out about this. Thank you so much for the advice!