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Old 05.04.2012, 13:04
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advice needed regarding sub-tenant

Hi,

my sister currently lives in Bulle, Fribourg, and rented a place with two of her friends for 6 months (Jan to end-June). She signed the contract as the only tenant, and sublet it to her two friends. Well, one of her friends has since moved out and is refusing to pay the rent for the rest of the period.

the landlord is aware of the subletting, and although there is no documentary evidence of an agreement between my sis and her friend stating that the latter is to pay the rent for the entire 6 months, there are emails and other facts which would strongly imply so. it was the common understanding that all three of them would stay in the house for 6 months.

(1) on the facts, do you think that the friend is obliged to pay the remaining sum?
(2) is there a small claims court?
(3) i've read something about debt collection agencies- can someone lead me to the appropriate website or the appropriate agency for the area of Bulle?

i've advised my sister to send a letter asking her friend for repayment. hopefully, the money would be paid without objections (her friend seems unwilling to pay so it is more likely that matters will not be so straightforward).

please help!
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Old 05.04.2012, 13:12
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Re: advice needed regarding sub-tenant

Welcome to the Forum.

Why didn't your sister make a contract with the two sub tenants? There really isn't anything she can do except hope the delinquent will pay up.
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Old 05.04.2012, 13:18
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Re: advice needed regarding sub-tenant

Hi Sbrinz,

the two tenants were her friends so she trusted them. she's young so i hope she becomes more careful in future!

thanks for your advice. do you think there is a case, on the facts, that there is an oral contract etc? i'm not familiar with swiss law..
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Old 05.04.2012, 13:47
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Re: advice needed regarding sub-tenant

I have had many sub lets, and most have been a disaster.

The last one lived here 2 years ago, he left owing me Fr 1'000.-- We had a contract, and after taking him to the debtors' court in Bern and in Thun, I have received a certificate from the Betreibungsamt (Office des Poursuite) that he does indeed owe me Fr 1'000.--

If the debtor earns less than the "Social minimum wage" of around 3,000 per month then the courts cannot deduct any money from his pay packet.

I was advised to let them know when he has a good job, and they will try again to get the money. The problem is when they serve him the summons he stops working, and does not have enough pay.

Maybe if your sister went to a lawyer, and got the good friend to testify for her, she might get the debt acknowledged, but she would still have to recover the debt and pay the lawyer.

My best advice is to look for another sub let, and make a contract. http://www.wgzimmer.ch/ www.tutti.ch
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