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Old 23.08.2011, 15:27
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buying a garage

Hello,

I am about to buy a apartment for private usage and also the garage, which is currently rented out to somebody else in the building.

What is the legislation for the garages?
As it is for my private use, am i entitled to ask to have it back to me?
How long does it take and what is the procedure?

Thanks,
Giulio.
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Old 23.08.2011, 15:29
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Re: buying a garage

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Hello,

I am about to buy a apartment for private usage and also the garage, which is currently rented out to somebody else in the building.

What is the legislation for the garages?
As it is for my private use, am i entitled to ask to have it back to me?
How long does it take and what is the procedure?

Thanks,
Giulio.
When you buy it, the seller would need to show to you that there is no contractual demand on the space - its like selling a house when somebody else lives there. If they can't demonstrate that to you, ask the Notar who looks after the sale the position you are in.
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Old 23.08.2011, 15:38
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Re: buying a garage

Sorry I didnt get it.

Right now the Garage is rented to somebody else, who likely doesnt want to go away from it.

IF I buy the Garage, what can I do to start using it ? How much notice shall I leave to him to go away?

What is the legislation for it? Is it like for houses?
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Old 23.08.2011, 16:33
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Re: buying a garage

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Sorry I didnt get it.

Right now the Garage is rented to somebody else, who likely doesnt want to go away from it.

IF I buy the Garage, what can I do to start using it ? How much notice shall I leave to him to go away?

What is the legislation for it? Is it like for houses?
Look at the rental agreement for a start.
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Old 23.08.2011, 16:47
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Re: buying a garage

I think the contract says 6 months notice period.

But my question is: can i get it back yes or not and when? is there a law for this?
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Old 23.08.2011, 16:54
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Re: buying a garage

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I think the contract says 6 months notice period.

But my question is: can i get it back yes or not and when? is there a law for this?
Well if there is a contract that says 6 months, you know about it, you have your answer.
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Old 23.08.2011, 16:54
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Re: buying a garage

you need to look at the contract, and then give whatever notice is on the contract (unless the person selling you the garage already did that).

Ask the seller if they already gave notice, and if not ask to see the contract and give notice asap.
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Old 23.08.2011, 16:55
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Re: buying a garage

OK, then if they give notice then they can make appeal to that or after 6 months will have to leave?
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Old 23.08.2011, 17:22
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Re: buying a garage

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OK, then if they give notice then they can make appeal to that or after 6 months will have to leave?
Neither - do you want to buy it with an existing rental contract to another person?

I assume not - so say to the seller that he must terminate this contract before you buy it....or buy it when its finished? I'd suggest that you don't "take over" any contract from a previous occupant
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Old 23.08.2011, 18:59
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OK, then if they give notice then they can make appeal to that or after 6 months will have to leave?
They have to leave a garage at the end of a notice period, end of story,
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Old 23.08.2011, 20:39
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Re: buying a garage

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OK, then if they give notice then they can make appeal to that or after 6 months will have to leave?
They would only have a case IF you were planning to rent it to someone else but in your case it's for your own personal use which gives you the right to evict them.
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Old 23.08.2011, 21:19
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Re: buying a garage

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Neither - do you want to buy it with an existing rental contract to another person?

I assume not - so say to the seller that he must terminate this contract before you buy it....or buy it when its finished? I'd suggest that you don't "take over" any contract from a previous occupant
Totally agree, you need to make the seller put everything in order, including freeing up the garage, before you finalise the deal. Ever think of getting a lawyer to go over the contract and get their advice? As you're spending a large amount of money buying a property, please get it right - there is no need to buy an on-going legal headache along with the property.

Have you asked the seller any of the questions you have posted here? If so, what did he/she say?
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Old 23.08.2011, 21:25
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Re: buying a garage

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They have to leave a garage at the end of a notice period, end of story,
You are probably American? In Europe are renters in many countries in extremly powerful legislative situations. If you have somebody in your Swiss flat who does not want to go out he can appeal to lots of courts and cost you up to four years till he gets out... so the question makes perfect sense. I don't know the answer, but since it is a garage only I can hardly imagine that all these "social hardship" clauses one can appeal on for flats are accepted by courts - unless the renter is some disables person who can proof that he needs to have a garage close to his place blablabla.

In short: buy it after this is sorted out.
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Old 23.08.2011, 21:30
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Were not talking about a flat, were talking about a garage, which is why I gave the answer I did.

A landlord can get a rented flat back if it's to live in himself, however that is not relevant to this thread.

BTW I am not American. I come from England, the original one!
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Old 23.08.2011, 21:30
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Re: buying a garage

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They would only have a case IF you were planning to rent it to someone else but in your case it's for your own personal use which gives you the right to evict them.
I disagree. If the previous owner signed a long term contract then depending on the wording, that commitment may remain as the house changes hands. You can't evict just on the basis of wanting it yourself, its all about the contract
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Old 23.08.2011, 21:53
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I disagree. If the previous owner signed a long term contract then depending on the wording, that commitment may remain as the house changes hands. You can't evict just on the basis of wanting it yourself, its all about the contract
Exactly, unless there is a break clause due to sale.
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Old 24.08.2011, 00:31
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Re: buying a garage

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Hello,

I am about to buy a apartment for private usage and also the garage, which is currently rented out to somebody else in the building.

What is the legislation for the garages?
As it is for my private use, am i entitled to ask to have it back to me?
How long does it take and what is the procedure?

Thanks,
Giulio.
I would tread carefully here and start by getting the present owner to:

1) give notice to the renter and

2) send you a copy of the contract - so that you can see if you need legal advice.

I know of someone who signed a 50 year garage rental agreement. The contract was put in the Grundbuch (Land registry) and could not be cancelled for the first 10 years by either party! And could only be cancelled after 10 years, when the flat changed hands, by a new owner of the garage. (It was actually a space in an underground garage)...
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Old 24.08.2011, 10:54
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Re: buying a garage

yes i agree with AbFab. Better safe than sorry and the contract is there and its the first thing to look at.

So, I asked and the contract tells that a notice period can be given only once per year and 4 months in advance, so as it was signed, i will have to wait end of september 2012 for giving notice with the risk then that maybe i have to wait more if the current tennent complains?

So i think the price should be less for a occupied garage, they ask 40k, i think i can propose 35k for it because of this issue... what do you think?

Or I can ask to have the him negotiate with the current owner and have it written down at the notary.

Last edited by 2funky; 24.08.2011 at 11:22.
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Old 24.08.2011, 12:15
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What is the garage rent? 40k is not cheap, I have seen 70k in verbier however 2 got thrown in with the flat!
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Old 24.08.2011, 15:58
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Re: buying a garage

140 CHF per month, which for a 40k worth garage, means 4% profit for year, which isnt so bad.

anyway, i am going to the notary tomorrow and ask if there exists in Switzerland a law that says:

"if you become owner of a property/garage and you need it for personal use, then can you give the notice period and the current tennent cannot compalin about it but has to release it?"

Asking you guys in the Forum the same question, what is the answer?
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