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Old 08.06.2015, 21:16
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Poursuite stamped a note on the door

Hey all,

I'm posting on behalf of friends. They are sub-renting a 2 bedroom place as it was the only option they could find (price and convenience) from a Swiss guy who's living just in France.

As far as I know, the Swiss guy didn't tell his real estate company that he is subletting his place to a family. He's also got some problems with Cablecom (some former sub-renters years back subscribed to Cablecom and paid the bills on time, but when they left the country - the bills kept coming in and he refuses to pay as he didn't sign up for Cablecom etc.), anyway he has a baby that's had to have several operations and his insurance should cover the cost of everything... but they've been asking for payments because the condition is "undiagnosed / unknown" so the insurance are refusing to pay his bills, he believes he can fight them.

However my friends' family just received a note stuck on the door asking for the Swiss guy to come to the Office des Poursuites before a certain date otherwise they will come (with police) into the apartment. This is very stressful for my friend as they don't know what to do. The Swiss guy said not to worry as they are not involved.

What can they do in a situation like this? It's not possible for them to move and find a new place so quickly...

Thanks in advance
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Old 08.06.2015, 21:25
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Re: Poursuite stamped a note on the door

Phone or go to the office de poursuites and explain the situation.

It has nothing to do with 'your friend' so he shouldn't worry.
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Old 09.06.2015, 17:49
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Re: Poursuite stamped a note on the door

Friends of mine have had the cops banging on the door at 6 am looking for a guy (the old tenant). When it was explained that they no longer lived there the police asked to search the place which my friends allowed and they left again soon after.

I imagine it will be something along the same lines (though I don't think they were looking for this guy to do with a poursuite). They aren't looking for your friend so why should he/she be worried?
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Old 09.06.2015, 17:51
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Re: Poursuite stamped a note on the door

However, this may alert the owner of the flat that it is being sublet- if the legal tenant has not asked for permission to sublet, he may well lose the tenancy- and of course your friend too.
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Old 09.06.2015, 18:23
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Re: Poursuite stamped a note on the door

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However, this may alert the owner of the flat that it is being sublet- if the legal tenant has not asked for permission to sublet, he may well lose the tenancy- and of course your friend too.
One does not necessarily follow from the other.

It is fairly easy to terminate a rental contract with a non occupant tenant if said tenant has clearly contravened the terms of his rental contract. But evicting a legal occupant is a much more difficult process. Now I wouldn't wish the OP's 'friend' to have to go through this, as it can be stressful even if he has the law on his side, but he could well become the tenant by default if the present tenant is terminated but he is not evicted. Swiss law recognizes the concept of de-facto contracts and such a contract may well be deemed to come into effect in such a situation.

i would recommend discussing this with a lawyer or a renter's association.
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Old 09.06.2015, 18:35
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Re: Poursuite stamped a note on the door

I'm confused here. Is the poursuite related to the cablecom unpaid bills?

Who has the baby and the medical insurance issues? Is it the 'friend' or the 'landlord' ( not the actual but the legal tenant he's subletting from)
Not sure how the health insurance issue is related if it's your friend who has the issues with them given that the poursuite is in the 'landlord's' name.

I assume the 'friend' is registered at this address. Is the 'landlord' also registered there.
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Old 09.06.2015, 18:51
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Re: Poursuite stamped a note on the door

Unrelated- but still could lead to awareness of sublet. The owner might live there, or has a caretaker or agent living there. Poursuites coming and asking about legal tenant, etc- could easily lead to the sublet becoming evident. Not necessarilly, of course, but a possibility all the same.
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Old 09.06.2015, 22:19
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Re: Poursuite stamped a note on the door

Thanks for the replies guys! Will forward the info...

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I'm confused here. Is the poursuite related to the cablecom unpaid bills?

Who has the baby and the medical insurance issues?
'landlord' has the baby problem (refusing to pay health insurance bills for operations or something like that) and has the Cablecom problem (refusing to pay on account that he wasn't the one who signed up for Cablecom and doesn't 'live' there)
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Old 09.06.2015, 22:44
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Re: Poursuite stamped a note on the door

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Thanks for the replies guys! Will forward the info...



'landlord' has the baby problem (refusing to pay health insurance bills for operations or something like that) and has the Cablecom problem (refusing to pay on account that he wasn't the one who signed up for Cablecom and doesn't 'live' there)
If the chap who's subletting to your friends is actually living in France rather than Switzerland as he's trying to pretend he might have bigger problems with his health insurance company than a few unpaid claims.
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Old 12.06.2015, 15:28
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Re: Poursuite stamped a note on the door

The 'landlord' asked my friend to pass his number to the poursuite so that he can explain the situation... I suppose he'll end up in tribunal with the insurance company.

Yeah he's living in France since a few years - but keeps his Swiss address, unsure if many people do that ?
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Old 12.06.2015, 16:07
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Re: Poursuite stamped a note on the door

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If the chap who's subletting to your friends is actually living in France rather than Switzerland as he's trying to pretend he might have bigger problems with his health insurance company than a few unpaid claims.
I doubt they will care if they are getting the premium, it's not as if you can cancel by choice, leaving CH is not enough as you have to pay for 3 more months unless your prove your covered in the new country.
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Old 12.06.2015, 18:04
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Re: Poursuite stamped a note on the door

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The 'landlord' asked my friend to pass his number to the poursuite so that he can explain the situation... I suppose he'll end up in tribunal with the insurance company.

Yeah he's living in France since a few years - but keeps his Swiss address, unsure if many people do that ?
The law in France changed earlier this year, most people having their primary residence in France but working in Switzerland must be inscribed with (and pay) the french social security. There are a few exceptions, starting a new contract, etc. but in general if you live in France they claim you need to contribute to their scheme; it is possible to take out Complimentary Frontalier Insurance though to cover treatment in Switzerland.

Technically, he's cheating the system by using a swiss postal address but not living there, if he gets caught it could be difficult to wriggle out of.
Not the OP's problem though, the fact that the sub-let doesn't seem to have been declared to the owners is.
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