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  #21  
Old 27.09.2010, 20:59
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Re: Help subtenant not paying rent

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What irony ??? It's one thing a perpetrator getting his come uppance, but something completely different wishing foul on his children - do you honestly not see the difference ???
If he is not honestly paying for the flat that he has taken, then he has no right to steal from the landlord... whatever his domestic situation is.

PS - I doubt very much he, or his off spring are anywhere near starving - just avoiding paying whilst they can ...

So, you were obvious serious about your comment as you state "no irony " - I wasn't. Sometimes I can't quite get over the self rightiousness and indignation that gets posted here

So put your pitchfork away ...
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  #22  
Old 27.09.2010, 21:06
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Re: Help subtenant not paying rent

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- I wasn't. Sometimes I can't quite get over the self rightiousness and indignation that gets post here...
I guess back tracking after the groans is a good way forward... Your original post showed no signs of irony or humour. It came across as cold and heartless. Try some emoticons next time...and a dictionary, try looking up irony and theft. Neither of them apply to the OP situation or my/your posts.
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  #23  
Old 30.06.2020, 16:50
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Re: Help subtenant not paying rent

I am also facing similar issues.

I am from UK and recently i bought an apartment. The tenant was still living in it. Initially the agent(OMIT) has told me that he will move out before the closing. But it seems it is difficult for the landlord to serve him notice since she will not be moving it personally. They have conveniently told me that once I complete the process, as a new flat owner I can serve notice to the tenant and he has no choice, but move out. They said during this period the tenant will pay the rent. I have completed process in mid Feb. Then served notice to the tenant with in a week.
No response from Tenant for a while. Tenant stopped paying from end of March. I have dropped him a reminder. No response.
Around first week of June, i got a mail from Tenant saying he is laving on 25th June.
I met "Mr.Coskun" at my flat as agreed. He handed over 2 keys. He claim that his cleaning company has forgot to give remaining keys. Remaining keys (big bunch almost 10 keys) he has dropped in the kitchen on 4th July.
No rent payments. I have sent several reminders. No luck.

Recently I got this in a mail.
"Hallo jetz habe ich genug zahle gar nichts mehr gehen sie vor gericht danke ausserdem seit doch froh dass ich überhaupt eine Wohnung gefunden habe sonst währe ich gar noch nicht weg und ihr hättet nicht einziehen können und wie gesagt ihr habt mir gekündet fertig und die parkplätze gebe ich an jemand anders bitte schreibt mirni ht mehr".

So.. I guess i have to just give up.. I am living in Zurich area.
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  #24  
Old 30.06.2020, 17:03
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Re: Help subtenant not paying rent

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I am also facing similar issues.

I am from UK and recently i bought an apartment. The tenant was still living in it. Initially the agent(OMIT) has told me that he will move out before the closing. But it seems it is difficult for the landlord to serve him notice since she will not be moving it personally. They have conveniently told me that once I complete the process, as a new flat owner I can serve notice to the tenant and he has no choice, but move out. They said during this period the tenant will pay the rent. I have completed process in mid Feb. Then served notice to the tenant with in a week.
No response from Tenant for a while. Tenant stopped paying from end of March. I have dropped him a reminder. No response.
Around first week of June, i got a mail from Tenant saying he is laving on 25th June.
I met "Mr.Coskun" at my flat as agreed. He handed over 2 keys. He claim that his cleaning company has forgot to give remaining keys. Remaining keys (big bunch almost 10 keys) he has dropped in the kitchen on 4th July.
No rent payments. I have sent several reminders. No luck.

Recently I got this in a mail.
"Hallo jetz habe ich genug zahle gar nichts mehr gehen sie vor gericht danke ausserdem seit doch froh dass ich überhaupt eine Wohnung gefunden habe sonst währe ich gar noch nicht weg und ihr hättet nicht einziehen können und wie gesagt ihr habt mir gekündet fertig und die parkplätze gebe ich an jemand anders bitte schreibt mirni ht mehr".

So.. I guess i have to just give up.. I am living in Zurich area.
All that sending mails/letters leads to nothing, just walk the proper legal way. Send a proper legally correct reminder and give reasonable time to pay and after that start Betriebung.

Also I hope you've gotten the papers from the previous owners and have performed a proper hand-over so you can hand him the bill for missing keys and such.

As for the parking place, can't help you on that since you give way to little info, don't even know if it is your property or not.

Sounds to me that you should have made proper conditions in the buying contract so the place would be empty and ready for you on acceptance.
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Old 30.06.2020, 17:34
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Re: Help subtenant not paying rent

E-mails don't cut it, you need to send a registered letter to the tenant stating the outstanding rent arrears/costs and giving a date for it to be paid by otherwise you'll starte debt proceedings against them.

I also assume the tenant paid a deposit when they moved into the property. You can also pursue that for any outstanding rent/costs. Check with the previous owners about it.
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Old 01.07.2020, 15:26
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Re: Help subtenant not paying rent

The procedure depends on how the subletting contract was created.



A standard Swiss subletting contract would be a three-way agreement between the primary renter, the sub-renter and the property owner (subletting rented property without the owner's permission is a breech of contract). If the subletting contract was created this way, then the sub-renter owes the rent directly to the property's owner, and the owner can file a debt collection claim against them. The renter would only owe the owner any rent in excess of that owed by the sub-renter unless they pledged themselves as co-signers for the sub-renter's rental liability.

If the contract was signed between the renter and sub-renter only, which is possible with the owner's consent, then the renter is fully liable for rent payments due. In this case, the renter can file a debt collection claim against the sub-renter. This can be done at any time, with no need to warn the sub-renter first. Some municipalities let you file debt collection claims online.

If no contract was signed between the renter and sub-renter, then the renter is fully liable for rent payments and cannot file a debt collection claim against the sub-renter without first legally proving the contract (a verbal contract, for example).
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Old 01.07.2020, 15:36
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Re: Help subtenant not paying rent

"Recently I got this in a mail.
"Hallo jetz habe ich genug zahle gar nichts mehr gehen sie vor gericht danke ausserdem seit doch froh dass ich überhaupt eine Wohnung gefunden habe sonst währe ich gar noch nicht weg und ihr hättet nicht einziehen können und wie gesagt ihr habt mir gekündet fertig und die parkplätze gebe ich an jemand anders bitte schreibt mirni ht mehr".

So.. I guess i have to just give up.. I am living in Zurich area."

While physically evicting delinquent tenants is difficult, filing debt collection claims is as easy as going to the local debt collection office (Betreibungsamt) and filing a debt collection claim. You can even do this online. Anyone can file one, with no requirements to prove guilt or warn the subject first.



It works on a guilty-until-proven-innocent basis, so the delinquent tenant will have to prove that they paid their rent or that they have no contractual obligation to do so. If they can't, the debt collection office can seize property and enforce salary attachments within the legal boundaries (income in excess of the local minimum existence threshold).

Just the summons from the debt collection office will generally be enough to make delinquent payers cough up the money. It's pretty simple, straightforward and effective.
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  #28  
Old 02.07.2020, 08:55
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Re: Help subtenant not paying rent

@CHLTSR:
Check with the former landlord whether he still has the rent security (usually it is around 3 months worth). Considering that the existing lease was transferred to you when you bought the flat, the rent security. As a landlord you cannot simply take money out of the rent security and still need to file a claim but at least you know that money is there.

A more general comment on terminating leases: when terminating the lease as a landlord (even only a sublet) you are required to use the official forms of your Canton otherwise the termination is not valid (https://www.gerichte-zh.ch/themen/mi...etvertrag.html)

A more general comment on debt enforcement requests: no it does not work on a guilty-until-proven-innocent basis. A debtor simply needs to raise an objection and then the creditor needs to go to court and prove his claim. Only if a creditor has a signed recognition of debt (which can e.g. be a rent contract) is a simplified court procedure available. But in particular in the case of contracts, the debtor does not need to "prove" he does not owe any money, to defeat the claim he merely needs to credibly argue why e.g. the other party has not performed its part of the contract. In such case the creditor will need to initiate ordinary court proceedings.
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Old 02.07.2020, 09:05
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Re: Help subtenant not paying rent

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Recently I got this in a mail.
"Hallo jetz habe ich genug zahle gar nichts mehr gehen sie vor gericht danke ausserdem seit doch froh dass ich überhaupt eine Wohnung gefunden habe sonst währe ich gar noch nicht weg und ihr hättet nicht einziehen können und wie gesagt ihr habt mir gekündet fertig und die parkplätze gebe ich an jemand anders bitte schreibt mirni ht mehr".

So.. I guess i have to just give up.. I am living in Zurich area.
These situations is why you buy with vacant possession and/or agree a penalty/escrow mechanism with the seller to ensure that he deals with this and not you.
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