View Single Post
  #19  
Old 26.02.2017, 11:11
Urs Max Urs Max is offline
Forum Legend
 
Join Date: Oct 2014
Location: SG
Posts: 8,712
Groaned at 431 Times in 326 Posts
Thanked 11,440 Times in 6,000 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: Invoice for damages received from landlord 5 months after leaving!

Quote:
View Post
As he had not provided a Wohnungsabnahmeprotokoll when we moved into the apartment we did not have an official document to sign when we moved out.
As aSITUS already mentioned the objection should have been raised long ago, even the landlord's association (which obviously isn't on the renter's side) have on their site an article by one of their internal Swiss lawyers that says the landlord has to raise objections on apparent/obvious issues either during handover or within a short time, like 2-3 days, and he has to prove that the damage wasn't there already when you moved in.

So even if he had made the complaints in time it would still be up to him to prove his claim, i.e. that you caused damage xyz. Without an Übernahmeprotokoll (handover protocol) when you moved in this is close to impossible as it's his word against yours. Ergo nothing for you to pay for.

From the article mentined above:
"Auf Grund der allgemeinen Beweislastregel von Art. 8 ZGB trägt der Vermieter sowohl die Beweislast für den Schaden wie auch dafür, dass der Mangel beim Einzug des Mieters noch nicht bestanden hat und die Mängelrüge rechtzeitig erhoben wurde." This is confirmed, for instance, by paragraph 5 in this verdict by the federal court.
Quote:
View Post
Currently, we are waiting for the landlord to explain how he calculated the 2nd invoice
Don't. His calculation is irrelevant as he has no claim to begin with.
Quote:
View Post
Also, I understand that paint has a life of 8 years so we should not be liable for any cost for painting the walls since it had not been painted for at least 8 years but what about windows, doors, radiators?
It depends on the paint type, acrylic paint has 15 life years; usually "Dispersion" is used so you're probably right. But again, landlord doesn't have a case to begin with so this doesn't matter as well.

ETA. As for the deposit:
By default, twelve months after the contract has finished your deposit will be transferred back to you. This applies unless your landlord proves that either he has a valid claim or that there's an open case pending before the courts. So in theory it should be impossible for your landlord to get the deposit, nonetheless you may want to inform your bank that there's a dispute, that you refuse any claims by the landlord, and that the deposit must not be paid to him. If you do you want to use registered mail.

Last edited by Urs Max; 26.02.2017 at 11:26.
Reply With Quote
The following 2 users would like to thank Urs Max for this useful post: