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Old 18.08.2012, 13:15
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Landlord requiring appliance check at the end of lease

So I have this clause in the Mietvertrag which says that at the end of the lease I'm to supply a written statement from a specialist that the dishwasher, dryer and wash machine functions properly. All at my cost. Has anyone had to do this? is this even allowed?
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Old 18.08.2012, 13:18
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Re: Landlord requiring appliance check at the end of lease

The clause was there when you signed the contract, was it not? And yes, it is very much the norm here (wish it was in the UK).

This is not a snotty comment, but just the way it is, sorry the time to question any clauses you are not happy with, is before signing, surely It is a common clause here in CH. Just get a repair/maintenance guy to come over run the machines and sign a 'cestificate'. Are you concerned because one of them does not work at the mo, or just in 'principle'?

Last edited by Odile; 18.08.2012 at 15:59.
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Old 18.08.2012, 13:18
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Re: Landlord requiring appliance check at the end of lease

Well obviously you need to do it since you signed the lease. Ive heard it before actually. It doesnt seem to be uncommon
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Old 18.08.2012, 13:35
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Re: Landlord requiring appliance check at the end of lease

yes I know it was there when I signed the lease...thanks for the snotty comments

my previous lease with the same landlord did not contain it nor have I ever heard of this being a norm...landlord has not been very accommodating over the last year so would not mind to point this out to them as being not legal etc...so that's why I'm bouncing this off the friendly EF folks
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Old 18.08.2012, 13:38
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Re: Landlord requiring appliance check at the end of lease

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yes I know it was there when I signed the lease...thanks for the snotty comments

my previous lease with the same landlord did not contain it nor have I ever heard of this being a norm...landlord has not been very accommodating over the last year so would not mind to point this out to them as being not legal etc...so that's why I'm bouncing this off the friendly EF folks
Unfortunately for you it is legal. Some landlords want it and some not
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Old 18.08.2012, 13:52
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Re: Landlord requiring appliance check at the end of lease

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Unfortunately for you it is legal. Some landlords want it and some not
now...that's what I was looking for ...thx
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Old 18.08.2012, 14:18
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We had it with our last place. You should be able to contact your landlord for a contact number of someone to come and do it. We didn't realize we needed to and they organized it after we left and just paid the bill - was CHF 150 for washer, dryer and dishwasher.
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Old 18.08.2012, 14:48
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Re: Landlord requiring appliance check at the end of lease

AS someone who has had experience of being a landlord elsewhere, and also having rented in several different countries,it does intrigue me that the landlords in Switzerland bear so little of the expenses - thus appearing to have a higher profit margin that would be experienced in any of the countries I have lived.

eg: having to pay for electrical appliances to be inspected ( as opposed to just being liable of any damage that is not wear and tear) tenants having ot pay the insurance in case we accidently "kill" the apartment, eg: accidental fire, damage to anyhting during a burglary including the front door of tha apartent.

Frequently contracts also ssem to have a clause where the tenant has to pay the first x francs of any general repairs that may be needed from time to time; eg: replacement of tap washers, loose electrical switches.

However, I have come across the idea of the tenant paying for a commercial clean of the property before leaving - and like the fact that my landlord here charges a flat fee that is taken when the new tenant moves in.
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Old 18.08.2012, 15:08
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Re: Landlord requiring appliance check at the end of lease

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Unfortunately for you it is legal. Some landlords want it and some not
Somehow I doubt this clause is legal, do you have any reference for claiming that it is?
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Old 18.08.2012, 15:30
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Re: Landlord requiring appliance check at the end of lease

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Somehow I doubt this clause is legal, do you have any reference for claiming that it is?
I am sure it is legal. If it is written into a contrct and signed ( ie: agree'd to)by both parties then I am sure it is correct.
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Old 18.08.2012, 15:33
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Re: Landlord requiring appliance check at the end of lease

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I am sure it is legal. If it is written into a contrct and signed ( ie: agree'd to)by both parties then I am sure it is correct.
Not true, contractual clauses can be null and void if they go against the law and this particular clause seems very iffy to me. IANAL but I doubt it would hold up in court.
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Old 18.08.2012, 15:41
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Re: Landlord requiring appliance check at the end of lease

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AS someone who has had experience of being a landlord elsewhere, and also having rented in several different countries,it does intrigue me that the landlords in Switzerland bear so little of the expenses - thus appearing to have a higher profit margin that would be experienced in any of the countries I have lived.

eg: having to pay for electrical appliances to be inspected ( as opposed to just being liable of any damage that is not wear and tear) tenants having ot pay the insurance in case we accidently "kill" the apartment, eg: accidental fire, damage to anyhting during a burglary including the front door of tha apartent.

Frequently contracts also ssem to have a clause where the tenant has to pay the first x francs of any general repairs that may be needed from time to time; eg: replacement of tap washers, loose electrical switches.

However, I have come across the idea of the tenant paying for a commercial clean of the property before leaving - and like the fact that my landlord here charges a flat fee that is taken when the new tenant moves in.
In quebec, they do a lot actually. It is very frustrating for a landlord to have so little rights compared to tenants. In turkey, they don't give a damn rat and if the inflation rate means you should pay 10 chf per month more, the landlord is still able to ask you for 100 because he knows if you go to court it will be pointless and at the end it is: you take it or you leave it.

In Spain, many landlords seem to not give to much care of their place and it is very much disturbing to see how in bad shape the aparts are for the exorbitant amount of money they want from you. Your best chances is to find an agency which work for both the tenants and owners equally.

I wish it was like in Switzerland where when you enter an apart it is actually clean! Here, I keep finding disgusting stuff and can't believe how people can live like pigs.
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Old 18.08.2012, 16:30
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Re: Landlord requiring appliance check at the end of lease

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So I have this clause in the Mietvertrag which says that at the end of the lease I'm to supply a written statement from a specialist that the dishwasher, dryer and wash machine functions properly. All at my cost. Has anyone had to do this? is this even allowed?
What you need to arrange is a common clause in rental contracts. If the machines are all from the same manufacturer, it will be less expensive than if you have to call different manufacturers. There are companies like Service 7000 which service all makes and models. You might want to check who installed the machines, they might also be able to do a check for you.
Ask the landlady for the details.

The question I have for you is was this done when you moved in? If you look at your inspection report, does it say they were serviced? You should not have to do what the previous tenant got away with not doing but this could cause problems later. When you have had it done the new tenant cannot not claim the machines are not working, which would be a hidden defect, and this would end up being your problem.

Also, when you call for the service, you will be asked the make and model number, and also the FN number or SN number. These are all found on the label. Make sure they leave you with the report that all was okay.

If they find something wrong, find out the cost, if it exceeds your portion of repairs as per your contract, you then need to talk to the landlady about paying.

If the serviceman says you mistreated the dishwasher, for example, and it now needs repair and it is truly your fault, you may also try and claim this on your household insurance. You will need the right paperwork under which to make this claim. Keep in mind your deductible to see if it is really worth making a claim.
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Old 18.08.2012, 18:30
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Re: Landlord requiring appliance check at the end of lease

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So I have this clause in the Mietvertrag which says that at the end of the lease I'm to supply a written statement from a specialist that the dishwasher, dryer and wash machine functions properly. All at my cost. Has anyone had to do this? is this even allowed?
This is in the Mietvertrag, but its not an obligation. If you do it, you have the right to claim the costs back from your "regie"

If you understand a little german here is a good link about all this.
http://www.beobachter.ch/wohnen/umzu...mieter-zahlen/

Here is a PDF about what to clean and the giving back of a rented flat.
http://www.beobachter.ch/fileadmin/d...ungsabgabe.pdf
Sorry its only in german.


Here is the what the Swiss Beobachter newspaper says to your question.

Nicht selten wird dabei jedoch versucht, dem Mieter Kosten aufzubürden, für die er gar nicht aufkommen muss. Der Trick heisst Reinigungs- und Instandstellungsliste. Darin beschreiben Vermieter, welche Arbeiten der Mieter vor der Wohnungsabgabe vorzunehmen hat. Doch diese Listen enthalten oft unzulässige Anweisungen. So muss der Mieter zum Beispiel keinen Service an einem Geschirrspüler machen, auch wenn der Vermieter das verlangt.

Salut Zämma
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Old 18.08.2012, 19:50
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Re: Landlord requiring appliance check at the end of lease

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Here is the what the Swiss Beobachter newspaper says to your question.

Nicht selten wird dabei jedoch versucht, dem Mieter Kosten aufzubürden, für die er gar nicht aufkommen muss. Der Trick heisst Reinigungs- und Instandstellungsliste. Darin beschreiben Vermieter, welche Arbeiten der Mieter vor der Wohnungsabgabe vorzunehmen hat. Doch diese Listen enthalten oft unzulässige Anweisungen. So muss der Mieter zum Beispiel keinen Service an einem Geschirrspüler machen, auch wenn der Vermieter das verlangt.

Salut Zämma
Big Mara, most landlords don't ask for a service. They ask for a "Mieterwechselkontrolle" which basically is a confirmation that the appliances are in good working order. It is not a service (which would cost considerably more).

In a way this also protects the outgoing tenant from any aggravation getting the deposit back. If an incoming tenant was to discover a week after the outgoing tenant has left that the appliances were not in order the landlord would be entitled to hold the outgoing tenant responsible as these defects would not have been easily noticeable at the lease-break inspection. This would then just cause more confusion and delay the release of the deposit even more.

Yes, asking for a service is certainly not reasonable. Asking for a "Mieterwechselkontrolle" certainly is.
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Old 18.08.2012, 19:56
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Re: Landlord requiring appliance check at the end of lease

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Yes, asking for a service is certainly not reasonable. Asking for a "Mieterwechselkontrolle" certainly is.
That's the same thing, calling it Mieterwechselkontrolle doesn't make it any different. The article quoted by Big Mara certainly supports my view that such a clause is illegal and therefore null and void.

Basically you don't have to pay for the checks, that would be like being asked to prove your innocence. It's up to the landlord to do those checks if he wants.
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Old 18.08.2012, 20:07
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Re: Landlord requiring appliance check at the end of lease

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That's the same thing, calling it Mieterwechselkontrolle doesn't make it any different. The article quoted by Big Mara certainly supports my view that such a clause is illegal and therefore null and void.

Basically you don't have to pay for the checks, that would be like being asked to prove your innocence. It's up to the landlord to do those checks if he wants.
If you get someone into check whether something works it is not the same as a service. With the function check, they come, make sure it works, give you a confirmation and leave. With a service they will check whether it works and then change any parts that may be showing wear and tear such as seals, etc. A service call is far more extensive that a "function check". That's my interpretation and has been my experience.

If you don't agree that's fine. I'm sure I'll get over it.

Even if I were to agree with you, you have to ask yourself whether it is worth the CHF 150 to piss off the landlord, get him to hold up your deposit and require you to go to mediation or some other form of authority to get him to release it. If your time and energy is not worth the CHF 150 then by all means play hardball.

There's another recent thread about someone who is having difficulty getting the deposit back. You want to go down that route? Be my guest....
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Old 18.08.2012, 20:08
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Re: Landlord requiring appliance check at the end of lease

Agreed, and this clause is in my contract. I think I will start fighting them soon as I am moving on 31. October.

They wrote me that I have to replace the metal filters in the cooker fan extraction unit. These can be cleaned thoroughly in the dishwasher, so that will be another argument.
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Old 18.08.2012, 20:11
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Re: Landlord requiring appliance check at the end of lease

What i dont understand is people that sign stuff and then complain about it. It was ok when you signed. Now suddenly you changed your mind?
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Old 18.08.2012, 20:15
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Re: Landlord requiring appliance check at the end of lease

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If you get someone into check whether something works it is not the same as a service.
The article quoted by Big Mara clearly talks about an end of tenancy check so this is the same thing in this context!


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Even if I were to agree with you, you have to ask yourself whether it is worth the CHF 150 to piss off the landlord, get him to hold up your deposit and require you to go to mediation or some other form of authority to get him to release it.
So you would rather loose money and give in to illegal demands than piss off your landlord?
No wonder the landlords are becoming more and more unreasonable when they get away with it so easily...

Given the above mentioned article, the situation seems clear cut to me, I would have no problems going to mediation as I would be sure to win this.
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