Hello everyone,

Finally in Switzerland. Sorry for not saying hello before. I am still holed up in a hotel. Had some luck with apts, but not before having some irritating issues.

Something that has really pissed me off is the following. Help from the legal experts (Richard??) would be very useful.

I saw an apt., liked it. The lady (from an agency) asked me to fill the form. The apt. was empty and she said if I fill the form I could have it within 3 days. Sounded great at that point. I asked her if filling the form was an obligation, she said "NO". I repeat, I asked her this question specifically. Because I do not understand the form.

I filled the form in with her help in that apt. (note that I know no German). This was Thursday. I was approved on Friday. I picked up the contract from their office, since I wanted to get it read by people that know german before signing it.

On Monday, we called and said that we would need time and she was free to give the apt. to others if they so desired. She said she would wait until Friday. I insisted that I was not sure if I can give her the (enormous) deposit by that date. She still said "we wait".

Okay. By Friday we were approved for another nicer apt. We decided to take it. Called the woman and said "we are not interested". She says "Oh, you have to pay CHF 150 in damages"

WHAT? And to boot I got a letter in the mail, showing me the form I filled in "Bewerbungsformular fur Mietinteressenten" with highlighted fine print that says something in German with CHF 150.

My signature on the form was not informed (consent). The lady told me what was in the form and I filled it in. She told me it was standard form of interest in the apt. that the agency would use to decide.

I have signed no contract that says I would take the apt. I am pissed. I know 150 is a small amt to crib about, but it is a matter of principle. I cannot imagine a fair judicial system where my signature on a form in a language I clearly have no knowledge of would hold up. But apparently, it is legal according to the HR in my office.

What the ....?

I dont like the terms of the contract. Period. So I refuse to sign it. How can that be held against me?

Ranting and raving, but I hate this. Next time I plan to sign in cursive "nowayisthisreal". With side print that says "If I am not apptroved, you will have to pay CHF 200 in damages, loss of ink, stress on my fingers, and fuel/ public transport".

I have seen this 150chf charge on several application forms, and I simply added the text "payable only if I decide not go ahead."

Personally I think this charge is fair, to prevent "timewasters" that delay the owner renting the apartment out for another week. A week's rent lost is more than 150chf.

She said yes, and you changed you mind. Live with it.
dave

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).

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.

Our deposit is 3 months rent, CHF 6000+

Also, we had a clause or CHF100 if we backed out.

I'd suggest that contracts are all similar anyway, Ts and Cs won't change much from one to the other

Try doing some auditions. You can get the double-whammy of rejection, and having to pay for it...
dave

quote=Richard]
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.[/quote]

Live and learn.

Clearly, I needed some introduction to the way things work here, and no better way to get that than to pay CHF 150.

I'll be a lot more careful next time around. I was told that since not every application for a person with no CH history is approved you should apply for apartments you like immediately. I asked this lady if I had any obligation if I filled the form, she said no, and since the Swiss have a reputation to be trustworthy and honest, I signed it.

I applied for 3, I got approved for 3. I rejected 2. One was decent and said if I knew someone I should refer them. The other (and the subject of this thread) said "pay 150". I took the thrid.

Next time, I'll hope that my 100% approval rate holds up and apply only when I am SURE I want to move to that apartment.

Thanks guys. I needed an outlet to get things out of my system....living in a hotel room for 20 days is taking it's toll.

Hopefully I can see some of you when you meet for a drink (this week is not possible).

Just following on from this thread as I've got myself in a similar situation...

I basically viewed an apartment as it was being renovated by builders and after being explained what it will be furnished with, I liked it and signed the contract. I went again to view the apartment and it was completely not what I expected. There was still no kitchen with a week left and no toilet. The furniture was old and some even antique, although I had been told it would be a modern business apartment with everything new.

Anyhow, I know shouldn't have signed the contract and after further thought I told the landlord this is not what I expected and I don't want the apartment. He is now threatening to sue me and is wanting a months rent. There was nothing in the contract regarding penalties if I didn't take the apartment nor that I am liable to pay months rent etc. I even offered to pay for the re-advertising fees but he refused.

Any advice would be greatly appreciated.