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Old 09.10.2019, 00:32
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betreibungsregisterauszug with rechtsvorschlag entry

So I asked for my debit registry output today for a new landland we might be moving in with. There is an entry stated as "rechtsvorschlag" which I guess translates into legal proposal. I know what this is about obviously. However, I am wondering if this would prove to be a problem for a landlord or getting say a loan from a bank? I'll need a loan for sure fight the company and their fraudulent claims against me. This is already being dealt with by our lawyer.

Just canvassing for some feedback from some folks here with first-hand experience on this particular topic.
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Old 09.10.2019, 04:10
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Re: betreibungsregisterauszug with rechtsvorschlag entry

Given the choice between a tenant with a clean record and one with a blemish, you can expect they will go with the one with the clean record....
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Old 09.10.2019, 09:01
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Re: betreibungsregisterauszug with rechtsvorschlag entry

If you talk to the landlord when you give them your application you could mention it and give a short dismissive explanation. Or you could come across like a crazy conspiracy theorist who everybody is out to get.
I'd go with the first option, but in the end the landlord might just wish to go with a candidate with nothing on record.
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Old 09.10.2019, 09:32
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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If you talk to the landlord when you give them your application you could mention it and give a short dismissive explanation. Or you could come across like a crazy conspiracy theorist who everybody is out to get.
I'd go with the first option, but in the end the landlord might just wish to go with a candidate with nothing on record.
I have a spotless record with the current landlord of over 6 years of payments, so perhaps I'll need a reference letter...

And they don't have people knocking down the doors to this new place also... A factor I guess...
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Old 09.10.2019, 09:39
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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I have a spotless record with the current landlord of over 6 years of payments, so perhaps I'll need a reference letter...

And they don't have people knocking down the doors to this new place also... A factor I guess...
That could weigh in your favour, both a reference from the current and the lack of interest in the new place. I've not had the bad experiences of others on this forum of fickle landlords, I think the agencies probably apply a stricter cut off than individual landlords. So I wish you the best of luck!
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Old 10.10.2019, 13:36
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Re: betreibungsregisterauszug with rechtsvorschlag entry

"Rechtsvorschlag" translates into "objection". It means that the debtor has objected to the payment demand, which stops the debt enforcement proceedings. It is then for the creditor to go to court.

There has been a change of the law as of 1 January 2019:

A alleged debtor can, after three months since receiving a payment demand, demand that third parties not be shown such payment demand in his debt enforcement extract. The debt enforcement office then sets the creditor a 20 day deadline to show that he has initiated proceedings to set-aside the objection. If the creditor fails to do so, such payment demand is not shown (i.e. hidden) in the debt enforcement extract available to third parties (https://www.admin.ch/opc/de/classifi...index.html#a8a, para. 3 lit. d).

Please note that this does not help you, if you are requesting a debt enforcement extract on yourself, since then the debt enforcement office will then give you the full extract with all payment demands, and this is what landlords usually request.
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Old 10.10.2019, 20:39
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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"Rechtsvorschlag" translates into "objection". It means that the debtor has objected to the payment demand, which stops the debt enforcement proceedings. It is then for the creditor to go to court.

There has been a change of the law as of 1 January 2019:

A alleged debtor can, after three months since receiving a payment demand, demand that third parties not be shown such payment demand in his debt enforcement extract. The debt enforcement office then sets the creditor a 20 day deadline to show that he has initiated proceedings to set-aside the objection. If the creditor fails to do so, such payment demand is not shown (i.e. hidden) in the debt enforcement extract available to third parties (https://www.admin.ch/opc/de/classifi...index.html#a8a, para. 3 lit. d).

Please note that this does not help you, if you are requesting a debt enforcement extract on yourself, since then the debt enforcement office will then give you the full extract with all payment demands, and this is what landlords usually request.
I heard also changes were in the works, since frankly, it isn't fair as it stands.. I could raise against all you on this thread say a million each and it will sit there on your debt register until you fight it. This isn't the space to go into my situation, but only things actually proven against you should go on this register. Because as it stands your guilty until you've proven yourself innocent in this case.
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Old 11.10.2019, 00:31
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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I have a spotless record with the current landlord of over 6 years of payments, so perhaps I'll need a reference letter...

And they don't have people knocking down the doors to this new place also... A factor I guess...
Good history with the current landlord is important. If your reasons for wanting to move have nothing to do with the existing landlord / tenant relationship this will help.

The debt registry could be an issue though. Best to be upfront about it. Rental properties which may not be in demand may still have owners who prefer leaving a place empty rather than worrying about aggro with a tenant.

Hope things work out for you.
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Old 11.10.2019, 09:46
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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Good history with the current landlord is important. If your reasons for wanting to move have nothing to do with the existing landlord / tenant relationship this will help.

The debt registry could be an issue though. Best to be upfront about it. Rental properties which may not be in demand may still have owners who prefer leaving a place empty rather than worrying about aggro with a tenant.

Hope things work out for you.
Indeed, the debt has nothing to do with the landlord.. Frankly, the figure is so high I get weird looks from the registry office already... I have also raised a debit report with the other party as well since this is a two way street of course...

So I think if they speak with the current landlord all should be fine as they said they would be happy to speak with them.

I was also upfront about the debt, mentioning that they can speak with my lawyer, etc...

While I like the idea of the debt office, the process needs some further improvement in my opinion. I myself are owed two months rent from some property I had in Canada and its basically impossible to collect.
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Old 15.10.2019, 16:11
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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Good history with the current landlord is important. If your reasons for wanting to move have nothing to do with the existing landlord / tenant relationship this will help.

The debt registry could be an issue though. Best to be upfront about it. Rental properties which may not be in demand may still have owners who prefer leaving a place empty rather than worrying about aggro with a tenant.

Hope things work out for you.
In the end, the landlord approved us without any issue at all. Now trying to see if I can rent my place on shorter notice then the 3-month cancellation window which normally would apply.
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Old 15.10.2019, 16:21
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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In the end, the landlord approved us without any issue at all. Now trying to see if I can rent my place on shorter notice then the 3-month cancellation window which normally would apply.
Thanks for coming back with the news, all too many of these threads end up with advice given and then no follow up.
Enjoy the new place!
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Old 15.10.2019, 16:57
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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Now trying to see if I can rent my place on shorter notice then the 3-month cancellation window which normally would apply.
What do you mean exactly by that? 3 month are not only the usual but the legal minimum (save furnished rooms). But nevertheless you can always and at any time present a suitable and solvent replcement tenant willing to take over your lease (Landlord has 14 to 30 days to decide if replacment is suitable).

https://www.mieterverband.ch/mv/miet...er-auszug.html
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Old 15.10.2019, 17:44
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Re: betreibungsregisterauszug with rechtsvorschlag entry

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What do you mean exactly by that? 3 month are not only the usual but the legal minimum (save furnished rooms). But nevertheless you can always and at any time present a suitable and solvent replcement tenant willing to take over your lease (Landlord has 14 to 30 days to decide if replacment is suitable).

https://www.mieterverband.ch/mv/miet...er-auszug.html
Sure, so would you like to rent from Dec 1 my place then? If not, I'll end up paying for two places if I don't find someone in the meantime... The other party is moving abroad would be not there any way all of November already. I'll do my best to rent my place out earlier, however not sure how many takers there will be with 1 1/2 month date approaching.
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Old 15.10.2019, 21:25
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Re: betreibungsregisterauszug with rechtsvorschlag entry

So the new landlord did not ask if you have given notice yet and to when so obviously thinks you can afford double rent. Interesting.....

When you rent a new place while you are still obligated to pay rent on your current place you run the risk of being unlucky and cannot find anyone to take over your lease sooner, or you get lucky and find someone.

Obviously you need to advertise with good pictures, a floor plan and do tidy up before viewings.

There are many reasons why someone may need a place on short notice.

Good luck!
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