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Old 25.01.2020, 19:18
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CHnuschti CHnuschti is offline
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Re: Issue landlord unfair damage claim

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Hi,

I left a furnished flat end of November. 10 days later he sent me an email with crazy claims, pretending that I would have broken some objects, asking that I use my insurance to pay him that “cost estimation” that he detailed in a rather sketchy way.

Since you did not sign a handover document (generally a bad idea, IMO), you can not be made liable for any damages in first place, unless the landlord can prove them. But there is an additional clause: the landlord has to inspect/check the object anyway after handover=termination of contract, in order to assess possible damages OR 267a. And in case of such, he must inform you "sofort/innert Tagen" (translates with immediatley/within days) about them. If he doesn't, he loses the rights for claim of compensation. Additional papers of experts etc. assess the timeframe as "2-3 business days, not more than a week". If the said 10 days are true, then you're probably already out of any responsability.

On the other hand it's a bit strange the landlord comes right away with "insurance", since such "regulation" is not his business, but left to you in first place. But also on the other hand, during a handover there are usually some reasonable smaller damages for which the tenant is responsible for.

Last edited by CHnuschti; 25.01.2020 at 19:33.
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