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Old 24.08.2007, 22:09
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Getting HELP - kicked out of our sublet apartment - rights?

Hello,

My wife and I arranged to sub-let an apartment for our first 2 months in Switzerland, to give us some time to get organised. This was, in effect, to take over for the last 2 months of someones rental agreement.

However this evening, around 3 weeks in, we received an email from the person we are subletting from, telling us that, due to some apparent 'misunderstanding', the real-estate company has rented out our apartment to another couple, starting several weeks before we were supposed to leave. Therefore, he says that he is 'sorry', but we have to leave. We have already paid for the entire period.

We have numerous emails that were exchanged prior to moving into the apartment, clearly stating the start and finish dates, as well as other conditions of rental.

I am not sure how, or even if we can re-enforce the sublet agreement. What rights do we have in this regard?

(We are in Vaud.)

Any advice you can offer would be really appreciated!

Mark
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Old 24.08.2007, 22:15
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Re: Getting HELP - kicked out of our sublet apartment - rights?

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I am not sure how, or even if we can re-enforce the sublet agreement. What rights do we have in this regard?

(We are in Vaud.)

Any advice you can offer would be really appreciated!

Mark
Do you have the approval of the real estate company for the sublet? If you do not, you're in trouble.

By the way, when do you have to leave the place - worse come to worse I have a furnished place in Villars freeing up end August. It definitely won't be optimal, but if it can tide you over, maybe we can arrange something.

Last edited by Shorrick Mk2; 24.08.2007 at 23:01. Reason: Mind warp
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Old 25.08.2007, 08:13
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Re: Getting HELP - kicked out of our sublet apartment - rights?

If your name is not on the original rental document, I am sure your rights are not in place.
I can only hope for you that when the inspection of the place is done after you leave, the repairs, etc won't be your responsibility.
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Old 25.08.2007, 10:34
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Re: Getting HELP - kicked out of our sublet apartment - rights?

It is certainly legal to sublet, but you will need the approval of the regie and a contact with the original tenant. If you have those then you are in a good position, with out them? I don't know. I wonder what would happen if you told him you are not moving out until the day you agreed on? Did he give you money back?

You could ask the tenants association: http://www.asloca.ch/
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Old 25.08.2007, 12:50
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Re: Getting HELP - kicked out of our sublet apartment - rights?

When we did a sublet, there was a legal contract/agreement between us and the landlords. They had approval over the subleasing tenant (which was found by the original tenant). If you've never had any contact with the landlord, I would get some kind of legal counsel ASAP to assist with getting your money back from the tenant.

Best of luck with your situation
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Old 25.08.2007, 16:28
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Re: HELP - Getting kicked out of our sublet apartment - rights?

Hi All,

Many thanks for your quick responses.

We arranged the sublet from Italy before arriving, and we did ask the tenants if they had agreement to sublet the apartment; they said they did, but evidently either they were lying or the estate-agent is acting unscrupulously. (I can ask for evidence of the agreement, but I suspect it was simply verbal)

Now I'm pretty sure we're out of luck here. The person we are subletting from has offered to give us back money for the period we are not going to be staying, and I think this is probably about as much as we can expect without it turning into some sort of legal battle which would be expensive and time consuming.

I guess this is just one of those situations you have to deal with and get on with your life.

Cheers
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