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  #21  
Old 11.03.2011, 15:11
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Re: When will I get my Deposit back?

I just made one. But I did not have one when living in that flat!! My actual one started 3 days before leaving the flat...I do not think they will cover it. I want to cry!!

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You can tell her to talk to your private liability insurance (if you have one). They should cover the repair costs (but not the cleaning).
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  #22  
Old 11.03.2011, 16:21
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Re: When will I get my Deposit back?

You can only be charged for "übermässige Abnutzung", meaning usage that is not usual or customary to the appartment that you where living in.

If you speak a little German, or have a friend that could help you out, one solution would be to go to your local "Mieterverband". This is an organization specialised in helping people renting when they think they are being screwed over. They also provide lawyers and legal advice.

Your other solution would be court (Schlichtungsstelle am Mietgericht), I am using the German words as I think as you are in Olten this is were the appartment is? It is a free procedure, and your landlord would have to prove the damage was yours. Do you have the old protocoll? Compare the damages marked there to the damage she claims that you made.
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  #23  
Old 12.03.2011, 11:59
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Re: When will I get my Deposit back?

HI, great help
I hear about his situation many times.....good to be informed at least!
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  #24  
Old 14.03.2011, 10:01
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Re: When will I get my Deposit back?

Hello, I attach the letter that the bitch of my ex-landlady sent me. Please, have a look yourself and tell me your comments.
This is a rip-off!!
I thought to write her complaining point by point about why most of the things can not be charge to me as they are normal use, and other are just ridiculous.
Any comments will really help me to feel more confident doing this.
What can I say about the 8 hours cleaning for example? The flat was clean to high standards, but how can I proof?? my point is how she can proof the 8 hours for such a small flat?
Please have a look
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when-will-i-get-my-deposit-back-carta.jpg  
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  #25  
Old 14.03.2011, 10:34
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Re: Help needed

Their should be Mwst on this, it's a service
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  #26  
Old 14.03.2011, 10:37
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Re: Help needed

Do you have the protocoll of what the appartment was like when you entered it? Otherwise I would ask for that and compare.
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  #27  
Old 14.03.2011, 10:43
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Re: When will I get my Deposit back?

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I thought to write her complaining point by point about why most of the things can not be charge to me as they are normal use, and other are just ridiculous.
Any comments will really help me to feel more confident doing this.
What can I say about the 8 hours cleaning for example? The flat was clean to high standards, but how can I proof?? my point is how she can proof the 8 hours for such a small flat?
Please have a look
Okay, I hate to be the one to say it, but in Switzerland they really do want the apartment to look as good as the day you moved in. I'm assuming it was furnished, as they're charging you for missing silverware, a burned cutting board, an un-useable shower curtain. They're also saying that the bathtub needs to be repainted as it had grayed, and walls need repainting. Did you by chance do a walk-through when you moved in, noting together all of the potential damages, or dirty areas? Were you given a contents list with number of silverware pieces, dishes, etc? Did you take move-in pictures of the condition of the house? And did you send those pictures or a list to the landlady stating any defects within the first few days after move in? And upon move-out, did you take additional pictures for your own records? This, or similar, would have been standard practice. On the move out, did she state all of these same items? Did you sign a form agreeing to the damages and price? With the bigger rental firms, this is standard. Though, I'm not sure if it is with smaller firms or individuals.

Everyone breaks the cheap plastic handles on the freezer, don't they? I know I did on my last apartment as well...

Can you prove that they did indeed paint the walls and bathtub before the new tenant moved in? If not, they cannot charge you for it. It would help if you knew the new renter, perhaps?

I was once charged for a new metal drip pan for the bottom of the oven because I couldn't get one burn mark off, no matter how hard I scrubbed. Finally, after being charged for cleaning the windows on a fourth floor conservatory/balcony with no safe access to them, I gave up and vowed to hire a cleaning company come and be responsible for the move out clean, repairs, etc. They usually guarantee a passing walk-through and return of deposit. In your case, it's too late for that unfortunately. I'm sure there is some official protocol in the form of a written registered letter that you must send within a certain amount of time in order to dispute their findings, but that's beyond my first-hand knowledge. I suggest you contact your mieterverband as stated in a previous post.
I know it is a huge pain, but I think you'll be able to come to some sort of agreement with the help of a third party. Good luck .
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Old 14.03.2011, 10:44
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Re: Help needed

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Their should be Mwst on this, it's a service
You mean I should pay more?
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  #29  
Old 14.03.2011, 10:48
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Re: Help needed

I just wrote a long-winded reply to the thread you started here. You've now got two threads on the same topic.
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Old 14.03.2011, 10:50
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Re: Help needed

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You mean I should pay more?
Yes.
But it would be a proof that she's actually taking the money to the books....
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  #31  
Old 14.03.2011, 10:50
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Re: Help needed

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Do you have the protocoll of what the appartment was like when you entered it? Otherwise I would ask for that and compare.
Yes, I have a protocol, when we leave only few things were point out as defects, but they are normal things of using the flat 3 years!!(for example, a ver small bump in the kitchen sink...I consider this a normal use or the bathtub grey, is a very old one, it was always a bit grey not my fault, that is the time fault!)

And then, in the bill there is things as the freezer not working?? (was fine when I left) namensschilder?? (is she charging me for taking my name away from the letter box and bell?)

And the eliminate mold!!!! 300CHF!!! that was during last year, we had a big mold problem and she sent a painter to clean and paint...This is a building problem no me!!
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  #32  
Old 14.03.2011, 10:50
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Re: When will I get my Deposit back?

Threads merged.
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  #33  
Old 14.03.2011, 10:51
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Re: Help needed

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Yes.
But it would be a proof that she's actually taking the money to the books....
I will pay more if this her off!!!
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  #34  
Old 14.03.2011, 10:54
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Re: Help needed

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I just wrote a long-winded reply to the thread you started here. You've now got two threads on the same topic.
Thank you and sorry, I needed a quick answer...Now they are merged.
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  #35  
Old 14.03.2011, 11:03
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Re: When will I get my Deposit back?

One more time for EVERYONE who is renting in Switzerland:

Subscribe to http://www.mieterverband.ch/ and pay an annual fee.
These people will help you and know how to deal with agencies.

@Seyon:
- the landlady can't charge you for things not mentioned on the protocol.
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  #36  
Old 14.03.2011, 11:08
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Re: When will I get my Deposit back?

When we moved out of our house (after five years), the damages were more than the deposit! On the other hand it made it easier to fight, as no money could change hands, and we had a joint special-purpose deposit account. It seems as soon as you cease to be a tenant, the goodwill goes out of the window. We eventually got some of our deposit back - we could have fought for more, but it's only money - some times you just have to move on.

You do have to restore the apartment to the condition it was in when you moved in. There is a small consideration for wear and tear, but, as I understand it, three years won't make any difference.

Write the woman a letter, explaining those things you dispute, and make a counter claim. Demand receipts for those things she's charging you for, and proof that she's actually carried out the repairs. To me, the bill doesn't look that unreasonable - given Swiss mores. The best you'll get, without considerable stress, is a small increase in what you get back. My advice to anyone renting in Switzerland is to consider the deposit as spent money.
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  #37  
Old 14.03.2011, 11:11
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Re: When will I get my Deposit back?

or just use swisscaution instead of a cash

http://www.swisscaution.ch/en
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  #38  
Old 14.03.2011, 11:11
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Re: Help needed

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And then, in the bill there is things as the freezer not working?? (was fine when I left) namensschilder?? (is she charging me for taking my name away from the letter box and bell?)
If I read correctly, the small latching handle on the freezer box inside the fridge was broken? Did you have trouble closing the freezer door or keeping it latched?

Did you provide your own mailbox and doorbell name plates or did they provide them for you? If they did, you have to pay for them, but now you have them to use in all Swiss standard apartments. If you did, add that to the list to discuss with your Mieterverband right away!
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  #39  
Old 14.03.2011, 11:30
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Re: When will I get my Deposit back?

I thought as a first approach I will write this email:

"Dear Sandra,

I am very disappointed with the "Endabrechnung" you sent us. I was not expecting this ripp-off from you.
My husband and me have taken care of the apartment for 3 years. We have been always very clean and quiet. We even did a big effort when leaving the flat. I do not think Ms Spörri has found such good condition apartments many times. She even told us how clean everything was.

I want the money of my deposit back. You know you are charging me illegally. My lawyer told me I can not be charged for anything that is normal use of living and you know this is not being the case. There are many thing in that list that are not even in the protocol! I hope we can arrange an agreement if not I will start speaking with my Meiterverbrand and I will go as far as necessary to get my money. This is completely unfair.

Best regards"

What you think? She maybe change her mind?
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  #40  
Old 14.03.2011, 11:34
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Re: When will I get my Deposit back?

I wouldn't be saying things like rip-off or accusing her of anything, that would just put her on the defensive.
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