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  #21  
Old 17.08.2012, 15:06
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Re: Deposit not refuned

After my last move I am not against the final rent payment withholding stance.

I learned the same trick in UK where landlords are notorious at conning you out of deposit.

Here, I trusted the system and Swiss efficiency/honesty (ha) but soon realised they seem to be worse in this area of con artmanship, and of course we are talking a lot larger sums of money.

I had a place that was cheap, large but old. It hadn't had a paint job in a long time, oven was ancient and died in my last month, light fixing fell out the ceiling through concrete decay amongst other things.

This same apartment I spent 10hours cleaning top to toe determined to beat the legendary Swiss cleaning fee.

Needless to say, my deposit was planned for the refurb. I threatened all sorts and became a right nuisance. In the end I got half of my deposit back just to be over with it.

They even tried charging me for delay of new tenants moving in, because they, the landlords, went on holiday????????????

So, I prob would consider that option, If I was leaving country or had other place secured......and maybe still if not. Why should we be bent over and raped by the system???
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  #22  
Old 17.08.2012, 15:34
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Re: Deposit not refuned

Thank you,

The document had all figures, was perfectly fine. I send them a letter to confirm receipt and I even have a letter form the bank(attached) verifying that they received the initial signed document. They are saying they will not refund me, because landlord changed her mind. Until now, 8 months later all the money are still with them and I always get the same answer- this is not Bank's problem but you and landlord's.
I asked them to give me a person to complain and they told me to call a lawyer.
I want to know if either this is the law, and anyone and can change his signature in this case, or since Graubündner Kantonalbank was landlord's choise, maybe she has connections or more money in the Bank.
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  #23  
Old 17.08.2012, 15:44
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Re: Deposit not refuned

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Hi,

I rent a flat in Zurich and had a deposit in a bank.At the day of checkout the landlord signed in fornt of 2 other witnesses to return the full amount to me. I send this document to the bank and asked my money, though the landlord found problems and she called them to not refund me.
Was the lease inspection (Protokoll) also completed at the check out? There is still a period after the check out to find hidden defects. I suspect this is what your landlord found.

You need to talk to your former landlord and sort this out. The problem is not going to go away on its own.
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Old 17.08.2012, 15:59
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Re: Deposit not refuned

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After my last move I am not against the final rent payment withholding stance.

I learned the same trick in UK where landlords are notorious at conning you out of deposit.

Here, I trusted the system and Swiss efficiency/honesty (ha) but soon realised they seem to be worse in this area of con artmanship, and of course we are talking a lot larger sums of money.

I had a place that was cheap, large but old. It hadn't had a paint job in a long time, oven was ancient and died in my last month, light fixing fell out the ceiling through concrete decay amongst other things.

This same apartment I spent 10hours cleaning top to toe determined to beat the legendary Swiss cleaning fee.

They even tried charging me for delay of new tenants moving in, because they, the landlords, went on holiday????????????

So, I prob would consider that option, If I was leaving country or had other place secured......and maybe still if not. Why should we be bent over and raped by the system???
It is worth considering EVERY option:


I heard all about how the Swiss landlords rip foreigners off, including the one who's apartment I tenanted, being an X landlord and having a property management company myself I got to know all the tricks, how landlords use dirty tricks keep the deposit etc etc ….

You just have to pre-empt them to protect yourself if your the tenant, i even advised some tenants to do the same because some landlords are more unethical than tenant's that want to safeguard their own money….

I would not put myself in the OP's position, I don't care if my methods are ethical or not, I wasn't fu*ked over unlike all of this landlord's previous tenants and, it seems the OP is going to be, as the bank, like I said is working on behalf of the landlord.

I wont advise the OP to beat the money out of the landlord with a big stick or I will more than likely accumulate more groans!
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Old 17.08.2012, 16:02
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Re: Deposit not refuned

your advise sucks, and it doesn't help the op in any way shape or form anyway does it?? do you wait for car crashes then tell the drivers they should have braked sooner as well??
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Old 17.08.2012, 16:20
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Re: Deposit not refuned

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your advise sucks, and it doesn't help the op in any way shape or form anyway does it?? do you wait for car crashes then tell the drivers they should have braked sooner as well??
I disagree with you, we are not talking about car crashes either, just protecting one's interest…

If you want to start talking about cars, if you drove one where the door had a likely chance to fall off would you guarantee that you put your seat belt on?

You don't like my advise I know that and so does anyone reading this thread by now, get over it !

IF he had done what I advised he would not be in a mess would he, he might also want a say in what information is useful to him or not, I'm sure he doesn't need you to decide for him ?

So it might help him in the future to be a little more cautious, a deposit is a painful amount of money to lose, advise doesn't need to be taken, but it always nice to know that there is never only one way….
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  #27  
Old 17.08.2012, 16:22
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Re: Deposit not refuned

Yes the lease inspection also happened,even though we didn't have signed inventory,so I don't know what she was checking.Again the question I have remains.

After signing can the Bank keep the money or not?

I find some kind of logic to the landlord to claim even after signing and she can do that in the court (anyone can do anything) but why the bank doesn't refund me?
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  #28  
Old 17.08.2012, 16:25
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Re: Deposit not refuned

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IF he had done what I advised he would not be in a mess would he, he might also want a say in what information is useful to him or not, I'm sure he doesn't need you to decide for him ?

How could the op have done what you advised?? they rented and gave back the apartment IN THE PAST! jesus you really are a muppet
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Old 17.08.2012, 16:27
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Re: Deposit not refuned

She may have instructed the bank to string it out for the whole year just in case you leave the country or just like so many do, just give up…

Like the bank keeps saying to you your answer lies with her !
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Old 17.08.2012, 16:29
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Re: Deposit not refuned

For paying or not last rents I want to take it further.
If I knew I would have these problems I would have stayed in serviced apartments as I did later and never mess with landlords who think their house is like church and don't care about tenants rights.
My advise is don't rent from people but through agencies and professionals,you might have better luck to get fair treatment.
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Old 17.08.2012, 16:30
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Re: Deposit not refuned

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How could the op have done what you advised?? they rented and gave back the apartment IN THE PAST! jesus you really are a muppet
I didn't advise HIM 'muppet maker' I just gave an example of how I got over this problem, so others in the future reading this thread might take note of what renting in this country has in store for them if they are not careful…
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Old 17.08.2012, 16:31
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Re: Deposit not refuned

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For paying or not last rents I want to take it further.
If I knew I would have these problems I would have stayed in serviced apartments as I did later and never mess with landlords who think their house is like church and don't care about tenants rights.
My advise is don't rent from people but through agencies and professionals,you might have better luck to get fair treatment.
Good advice ! and be prepared if you do...
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Old 17.08.2012, 16:45
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Re: Deposit not refuned

He's some more stunning advise

Don't buy facebook shares at the launch
Buy gold in 1996
Stay away from the twin towers in 2001

etc
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  #34  
Old 17.08.2012, 16:55
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Re: Deposit not refuned

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He's some more stunning advise

Don't buy facebook shares at the launch
Buy gold in 1996
Stay away from the twin towers in 2001

etc
The last one was a little morbid, but still true. Easy to be smart after the fact.
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  #35  
Old 17.08.2012, 17:12
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Re: Deposit not refuned

After I left this flat I moved to a serviced appartment, where I didnt have any problem, even without the dposit being in the Bank. I wish I could go there in the first place and deal with professionals but this is my advise to the people.

They can give a really good deal for a 6 or 12 months contract with a serviced appartment rather than dealing with people who think their house is a church.

This post is not about people though, its about the Bank, and the law, and it seems I have to go to court to find out.
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Old 17.08.2012, 17:31
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Re: Deposit not refuned

If you are pretty sure you can win this case in court, then you should go ahead. Perhaps you can ask your lawyer about the fees, because back in my country, if you win the case, she will have to pay for all your lawyer and court expenses. But it can also be the other way round if you lose. So better check the winning chances before you bring it to the court.
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Old 17.08.2012, 17:57
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Re: Deposit not refuned

You could try contacting an ombudsman?

www.bankingombudsman.ch

They might be able to help, or suggest who could.... and the bank's attitude does sound odd.
As I understand it the bank has to return your money after a year if there's no claim made against it but as the landlord has I'm not sure what the procedure is now.
Surprised the tenants association isn't being more helpful but sadly suspect part of the problem is that you're no longer in the country.
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Old 17.08.2012, 18:04
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Re: Deposit not refuned

What does your landlord say? Your landlord has apparently said your deposit can't be freed due to him finding hidden damages. The obvious step would be to call him up and find out what his complaint is no?
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Old 17.08.2012, 18:13
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Re: Deposit not refuned

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What does your landlord say? Your landlord has apparently said your deposit can't be freed due to him finding hidden damages. The obvious step would be to call him up and find out what his complaint is no?
I agree.

Although Onei has provided an option for future reference and other readers, as risky or not as it may be, it's ones choice, and as much as I am used to Bigblue arguing with anything anyone ever has to say on any thread, it's getting a bit boring.

What's the landlords reasons OP? Forget laws, rights, court etc, that can come into play AFTER you pick up the phone and ask, politely I would recommend for sake of getting a response hopefully, why did you not refund my deposit? What damage or other was incurred? I was of the understanding inspection / handover was satisfactory etc etc.

CALL THEM
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Old 17.08.2012, 18:14
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Re: Deposit not refuned

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Nice one 'GOANING' Trolls

I just knew it was coming
You missed spelling trolls.

The reason there is a dim view of withholding the rent in order to ensure the deposit return is because it removes the whole point of having a damage deposit. Withholding rent is one of those things that might do you good, but it's the kind of selfishness that makes everyone else's life just that little bit more difficult. You only get away with it because most people play by the rules. It isn't particularly big or clever, but maybe you just enjoy getting one over your fellow man. Perhaps you should be a landlord?

What do you think would happen if everyone did it? The landlords want to protect themselves from destructive / bad paying tenants somehow. The current system largely works.

While it's annoying as a tenant to have to wait for the deposit back (especially if the landlord is playing silly beggers), at least the landlord can't empty the account himself - he is required to have your agreement or a court order. My landlord tried to screw us out of our deposit + another 2000CHF. By handing it over to our insurance company, we got half the deposit back, and it took over nine months. I was happy to wait - he was foaming at the mouth. Quite fun really.

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..Yes I am part of the tenant association and they confirmed I have to pay them to proceed to legal action, for the 100CHF they only give advises. I called lawyer and he said his fee (100-500CHF/hour) will be bigger even that the deposit..... My question has to do with the signed document and the Bank and if I can do something to get my money back without going to court. ..
So what advice did the tenants association give you for the hundred fracs? That the bank can do this or they can't?

After a year, doesn't the tenant get the deposit back anyway? If that's correct, I'm surprised the landlord hasn't taken action already.
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