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Old 27.09.2010, 15:17
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Help subtenant not paying rent

Hi,

I'm in desperate need of some help here and really hoping someone knows what can be done or can point me in the right direction on how to get this matter resolved ASAP.

My cousin has sub-let his apartment in Geneva due to being transferred abroad and had no issues for a few months. For the past 2 months he has not received any rent and have found out the tenant has changed the locks!

What can be done in this scenario? I have been informed the law protects the sub-tenant and my cousin has to hire a solicitor which can take between 6-9 months to evict! He cant afford to pay rent, utilities and solicitor fees! What can he do?
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Old 27.09.2010, 15:26
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Re: Help subtenant not paying rent

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Hi,

I'm in desperate need of some help here and really hoping someone knows what can be done or can point me in the right direction on how to get this matter resolved ASAP.

My cousin has sub-let his apartment in Geneva due to being transferred abroad and had no issues for a few months. For the past 2 months he has not received any rent and have found out the tenant has changed the locks!

What can be done in this scenario? I have been informed the law protects the sub-tenant and my cousin has to hire a solicitor which can take between 6-9 months to evict! He cant afford to pay rent, utilities and solicitor fees! What can he do?

He must fly back. Get access via a locksmith and then wait in the hallway with a baseball bat, pliers and a blowtorch. (Baseball bat is optional).
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Old 27.09.2010, 15:29
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Re: Help subtenant not paying rent

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He must fly back. Get access via a locksmith and then wait in the hallway with a baseball bat, pliers and a blowtorch. (Baseball bat is optional).
half of this may not be such a bad suggestion - i assume a plane ticket is cheaper than a few months rent?

i guess you can choose which half though..
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Old 27.09.2010, 15:34
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Re: Help subtenant not paying rent

You have a right to evict the tenant if he is not paying the rent. For proper steps and procedures on how to to do it, contact the French region equivalent of the Mieterverband and ask for advice. From this site, it says that it takes on average 266 days to evict someone. Eek.

http://www.globalpropertyguide.com/E...ord-and-Tenant

Failing which, you can borrow Grumpygrapefruits' two lovely rottweilers to help you evict that tenant. They wouldnt hurt a fly but the tenant doesnt have to know that.

Good luck.
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Old 27.09.2010, 16:08
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Re: Help subtenant not paying rent

In all seriousness (I have done this in London), advertise the apartment on Homegate.ch for a specific open viewing date. In advance of this, hire a removal company and Securitas and conduct a removal of his stuff into storage. Have the place professionally cleaned as per contract. Bill him for all this and then sue. Your priority is to get people who will pay the rent, into the apartment as soon as possible. Leave the legal stuff till later.
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Old 27.09.2010, 16:39
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Re: Help subtenant not paying rent

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In all seriousness (I have done this in London), advertise the apartment on Homegate.ch for a specific open viewing date. In advance of this, hire a removal company and Securitas and conduct a removal of his stuff into storage. Have the place professionally cleaned as per contract. Bill him for all this and then sue. Your priority is to get people who will pay the rent, into the apartment as soon as possible. Leave the legal stuff till later.
You have to get him out first. So step 1 take the rottweilers, step 2 your advices?
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Old 27.09.2010, 16:42
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Re: Help subtenant not paying rent

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In all seriousness (I have done this in London), advertise the apartment on Homegate.ch for a specific open viewing date. In advance of this, hire a removal company and Securitas and conduct a removal of his stuff into storage. Have the place professionally cleaned as per contract. Bill him for all this and then sue. Your priority is to get people who will pay the rent, into the apartment as soon as possible. Leave the legal stuff till later.
Just moving the guy's stuff out like that can't be legal. Did the court rule in your favour?
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Old 27.09.2010, 16:45
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Re: Help subtenant not paying rent

if water and electricity is under your cousin's name, ask him to cut it.
No subtenant can live long without water and electricity*.

* exception if the subtenant has a family, children shouldn't be victims in this story.
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Old 27.09.2010, 16:47
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Re: Help subtenant not paying rent

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Just moving the guy's stuff out like that can't be legal. Did the court rule in your favour?
The owner can appoint a private bailiff to seize goods, unpaid rent being a good enough reason. If the owner/landlord can get the bailiff in legally (covertly open windows , unlock the front door etc) then then the bailiff can act/enter. He may not be evicting the tenant just seizing goods. The tenant will then most likely choose to leave of his own accord.
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Old 27.09.2010, 16:48
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Re: Help subtenant not paying rent

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* exception if the subtenant has a family, children shouldn't be victims in this story.

A thief is a thief , even with a family , so let them freeze and starve. It's their father issue, not the landlord
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Old 27.09.2010, 16:51
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Re: Help subtenant not paying rent

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A thief is a thief , even with a family , so let them freeze and starve. It's their father issue, not the landlord


That's just plain awful
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Old 27.09.2010, 16:53
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Re: Help subtenant not paying rent

Surely an unauthorised change of locks is in breach of the contract?

This must be good enough reason for a 'forced' eviction?

OP,
I'm assuming that you have, in writing, several times approached the tennant on the matter.

I'm with Economisto et al. on this one....... get the maggot out.
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Old 27.09.2010, 16:59
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Re: Help subtenant not paying rent

Maybe important point to check: subtenant.
In geneva it's allowed to sublet but only with the agreement of the landlord and if you sublet for the same amount. Subleting is allowed for max. 2years i think. It's in the swiss Code of obligations (art 262). There could be special conditions for Geneva as well.
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Old 27.09.2010, 17:29
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Re: Help subtenant not paying rent

Appreciate the responses even though some of them are illegal.

This is the problem, how can a land that identifies itself 70% is lived in by tenants via renting have such an awful length of time to evict a non-paying renter? This just doesnt make sense. How can anyone afford to pay rent, utilities and court costs to evict someone?

There has to be someone that knows something on these forums or someone that knows someone that can help.
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Old 27.09.2010, 17:34
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Re: Help subtenant not paying rent

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Appreciate the responses even though some of them are illegal.

This is the problem, how can a land that identifies itself 70% is lived in by tenants via renting have such an awful length of time to evict a non-paying renter? This just doesnt make sense. How can anyone afford to pay rent, utilities and court costs to evict someone?

There has to be someone that knows something on these forums or someone that knows someone that can help.

Evicting someone in Switzerland is not taken lightly. The judicial process takes around 18-24 months. Landlords, owning property , cannot really be deemed to be cash-short or hard up. Unfortunately Sub-letters are in the middle. I don't suppose your friend did as the agencies do, and ask for 3 months rent in advance ? Now you know why they do...
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Old 27.09.2010, 17:39
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Re: Help subtenant not paying rent

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Hi,

I'm in desperate need of some help here and really hoping someone knows what can be done or can point me in the right direction on how to get this matter resolved ASAP.

My cousin has sub-let his apartment in Geneva due to being transferred abroad and had no issues for a few months. For the past 2 months he has not received any rent and have found out the tenant has changed the locks!

What can be done in this scenario? I have been informed the law protects the sub-tenant and my cousin has to hire a solicitor which can take between 6-9 months to evict! He cant afford to pay rent, utilities and solicitor fees! What can he do?
Just being nosy, but if it is your cousin , why are you so desperate, and how did someone abroad know the locks have been changed ?

Oh, and just to correct my earlier post...

http://www.globalpropertyguide.com/E...ord-and-Tenant


EVICTION FOR NON-PAYMENT OF RENT

Duration until completion of service of process 16
Duration of trial 180
Duration of enforcement 70
Total Days to Evict Tenant 266

*Courts: The Lex Mundi Project
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Old 27.09.2010, 17:50
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Re: Help subtenant not paying rent

Well after all the joking replies, here is some decent advice, which is what you asked for!

Take the rental agreement to the Office des poursuites in Geneva,

http://www.geneve.ch/opf/
http://yellow.local.ch/de/q/Geneva%2...oursuites.html

this is the official Government debt collection agency. It will cost about CHF 70,-- but this is added to the debt. They will issue a "demand to pay" which he can object to. They will then need a claim from him that he cannot pay, or he will eventually be issued with a command to pay at his employment.

I am persuing a debtor that left and still owes me 2 months rent (CHF 1,000,--) . He went to a lawyer and claimed he cannot pay. He is now living in the next Canton, and the court ordered him to inform them if he changes his job or gets a pay rise. This is now a very big mark against his name and he will not be able to get any further credit or rent any new properties until he pays me and I clear his name.

I don't know how to evict the guy, maybe the Office des poursuites can point you to the correct cantonal office.
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Old 27.09.2010, 18:31
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Re: Help subtenant not paying rent

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He must fly back. Get access via a locksmith and then wait in the hallway with a baseball bat, pliers and a blowtorch. (Baseball bat is optional).
Oh, that is awful !!

So you can be "ironic" and then groan at others when they do the same
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Old 27.09.2010, 18:56
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Oh, that is awful !!

So you can be "ironic" and then groan at others when they do the same
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 ???
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Old 27.09.2010, 20:47
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Re: Help subtenant not paying rent

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Just moving the guy's stuff out like that can't be legal. Did the court rule in your favour?
I know it's bad to say, but people who have neither the money nor the organisational wherewithal to pay rent don't tend to be able to pursue justice through the law very effectively. That's why I felt like it also wasn't too relevant. Moreover, where business is concerned, you protect your business first and worry about contingent liabilities second.
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