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Old 06.10.2017, 07:21
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landlord not paying back security deposit for rental home

We relocated to the USA more than a year ago, but our landlord in Oberwil, Basel Land, has not sent us the remainder of the security deposit we paid. He keeps on promising and delaying, and it has been 15 months since we moved out of his house. What can I legally do? How can I give him to the court or sue him? There is no damage in the house, so we expect to get back at least 70% of the deposit, (around 5000 CHF). He is legally required to pay it back no later than 1 year according to our contract.
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Old 06.10.2017, 07:22
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Re: landlord not paying back security deposit for rental home

Contact the bank where you have the rental account and ask them to transfer it as it is over 1 year now
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Old 06.10.2017, 08:35
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Re: landlord not paying back security deposit for rental home

Was the deposit put into a special rental account or did the landlord put it into his own account? If the former then as roegner says contact the bank and ask for the money to be transferred to you. If the latter then you may need to take legal action to get him to refund the deposit. Send him a letter by registered post (only thing that counts here for disputes) stating that unless the money is paid by such and such date you will have a debt notice issued against him.
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Old 06.10.2017, 11:37
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Re: landlord not paying back security deposit for rental home

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Was the deposit put into a special rental account or did the landlord put it into his own account?
To extend on this: If it's in a escrow account (as it should), does the bank know where to forward the money? Do they have your new address at least?
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Old 06.10.2017, 18:37
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Re: landlord not paying back security deposit for rental home

The deposit is with a bank (credit suisse). This landlord has been delaying the payment saying that he would have the house assessed to find out how much "damage" there is and what it would cost to repair it (there is nothing except some sketches my kids did on the walls), but he hasnt done that yet, and he has a consistent record of promising and not delivering.
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Old 06.10.2017, 18:52
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Re: landlord not paying back security deposit for rental home

You're being taken for a ride, the landlord had to make any complaints about visible damage right there on the spot during the handover. Only hidden defects, which could not have been reasonably expected to be found by a thorough visual inspection can be reported later, but in any case 1 year later is way too late. Talk to the bank, they'll release you your funds no questions asked now
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Old 06.10.2017, 18:52
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Re: landlord not paying back security deposit for rental home

Quote:
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To extend on this: If it's in a escrow account (as it should), does the bank know where to forward the money? Do they have your new address at least?
Quote:
View Post
Contact the bank where you have the rental account and ask them to transfer it as it is over 1 year now
Quote:
View Post
Was the deposit put into a special rental account, then as roegner says contact the bank and ask for the money to be transferred to you.
Is it in an escrow account? I.e. one of these https://www.credit-suisse.com/ch/en/...kautionen.html Without this information there's no further progress to be made.
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Old 06.10.2017, 18:55
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Re: landlord not paying back security deposit for rental home

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The deposit is with a bank (credit suisse). This landlord has been delaying the payment saying that he would have the house assessed to find out how much "damage" there is and what it would cost to repair it (there is nothing except some sketches my kids did on the walls), but he hasnt done that yet, and he has a consistent record of promising and not delivering.

Then just and simply request the payout from the bank.
https://www.credit-suisse.com/ch/en/...kautionen.html

At this point, if there is no formal claim by the landlord, the bank must pay it out. Art. 257e Code of Obligations
https://www.admin.ch/opc/en/classifi...dex.html#a257e

Additionally the landlord must inform the renter about any damages in good time. Art. 267a Code of Obligations. This is normally understood as within 14 days.
https://www.admin.ch/opc/en/classifi...dex.html#a267a

Apart from that the landlord has 5 years to claim underpaid auxiliary charges (Heating warm water etc.) Art. 128 Code of Obligations https://www.admin.ch/opc/en/classifi...ndex.html#a128
But never the less this does not give him the right to block the rental deposit beyond one year.
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