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  #41  
Old 30.08.2012, 20:31
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

I think it is a goof idea. I would prefer to have a mutual agreement with the guy.

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The above is reasonable EXCEPT the last statement, faults are charged at professional repair rates.
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  #42  
Old 30.08.2012, 21:30
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

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I didn't include electricity, that is paid to the company separately.

Maybe you haven't seen a "Nebenkostenabrechnung"? The end of year charges accounted for are for repairs and maintenance to the: lift, washing machines, common areas like stairs, gardens and cellars. And the biggest item is the heating oil.

If there are 8 appartments using the same central heating boiler, how are you going to apportion the cost to each apartment, and how to set the charges when the tenant has lived there for only 20 months?

This is why there is an annual calculation, then the owner knows how much to charge each tenant, usually based on a square meter and monthly basis.

You pay utility charges every month, together with your rent, and usually these do not cover the entire cost. The reason is the owner wants to make the appartment seem to be reasonably priced, and often charges only CHF 200 per month, whereas for an 80 square meter apartment, the monthly charge should be nearer CHF 300.

And so once per year the owner works out how much everyone is owed and either refunds or sends out an itemised bill to be paid within 30 days. In the above example that would be 12 months x CHF 100, which is a lot of money to find at short notice.

And so the owner only releases the bank deposit after the extra charges have been paid, or he persuades the bank to block the deposit until they are paid.
Well, no, I guess I haven't seen one of those. Or if I have ( living in a block of 8 apartments) the amount has been so small that I have paid without noticing. I must remember to ask my landlord about it, having been here for a few years now. I'd hate to think I may owe seeral thousand by now...

Re your question on how to apportion the expenses: basic maths problem that I would expect a 12 year old to be able to solve.
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  #43  
Old 30.08.2012, 22:21
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

This guy has found a reasonable solution -- He will send someone tomorrow that will clean the apartment and will put the furniture to the right place
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  #44  
Old 01.09.2012, 15:36
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

BREAKING NEWS! He sent someone who cleaned it very well. But I found couple of new things:

1. He used to pay 1755 SFR -- this was exactly my rent, even though the flat was furnished and I even did not increase his rent when mine was increased by the agency to 1785 SFR.

2. He made a WG out of this -- I allowed him and the agency knew that this was a WG for the time being. Problems are:

a. He rented two rooms to two students.
b. He kept the living room for himself and took all the furniture for himself from one of the two rooms occupied by one student.
c. He charge the students as follows: 550 SFR and 800 SFR !!!!!!!
d. He is not a student, he is a researcher with a descent income (though it is irrelvant now) -- so that left him paying only 405 SFR per month!!!
e. He scummed the poor student by exploiting MY rented flat and MY furniture.


What can I legally do about it? It is really bad if he will not be legally punished ! Many thanks! (P.S: I have his deposit)
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  #45  
Old 01.09.2012, 16:08
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

I'm not sure why you think he's done anything wrong ? Part of subletting/leasing is that you take responsibility for bad tenants. That means, he charges higher, and maybe some months the room is empty, or the person moves out and doesn't pay, or there are repairs needed, or he's paying for the electricity/internet/TV tax.

If he came out in front, that's his business. If you made a loss, that was your choice - you kept the apartment and sublet it, and now you get it back, along with your furniture...

....and for the tenants, they were happy to have a room, be able to move in and out when they wanted to, and have someone else deal with the paperwork....


That's called 'entrepreneurship'...I think
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  #46  
Old 01.09.2012, 19:21
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

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BREAKING NEWS! He sent someone who cleaned it very well. But I found couple of new things:

1. He used to pay 1755 SFR -- this was exactly my rent, even though the flat was furnished and I even did not increase his rent when mine was increased by the agency to 1785 SFR.

2. He made a WG out of this -- I allowed him and the agency knew that this was a WG for the time being. Problems are:

a. He rented two rooms to two students.
b. He kept the living room for himself and took all the furniture for himself from one of the two rooms occupied by one student.
c. He charge the students as follows: 550 SFR and 800 SFR !!!!!!!
d. He is not a student, he is a researcher with a descent income (though it is irrelvant now) -- so that left him paying only 405 SFR per month!!!
e. He scummed the poor student by exploiting MY rented flat and MY furniture.


What can I legally do about it? It is really bad if he will not be legally punished ! Many thanks! (P.S: I have his deposit)
It does not matter what HE paid. You received the rent you asked for, didn`t you? How he made that up, is HIS business, in my opinion.
Unless of course, your lease with him stated that he may not sub-let any rooms?
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  #47  
Old 01.09.2012, 22:09
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

I guess you are both right. It is just pity that he could exploit these students, I will they could get the deposit rather than him.


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It does not matter what HE paid. You received the rent you asked for, didn`t you? How he made that up, is HIS business, in my opinion.
Unless of course, your lease with him stated that he may not sub-let any rooms?
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  #48  
Old 01.09.2012, 23:46
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

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I guess you are both right. It is just pity that he could exploit these students, I will they could get the deposit rather than him.
Happy to read the flat has been cleaned to your satisfaction.

I can see you are really 'pissed' you took on the odd few chfs a month when the rent increased to then find out, he knew how to twig things to get himself a good deal with the students sharing the rent.

If either student could get a better deal, then they would not have stayed there.

It is his deposit not theirs / dont even go there.

At the end of the day, you now have your flat back, hopefully most furniture back in position & any other costs he will reimbursed. If not consider how much you are out of pocket, inconvenience to the fact you now have your flat back.

Consider how much would it have cost you to put your furniture into storage versus leaving it in the flat for him to use.

thanks for your original Posting have learnt some things in this thread.

All Good Wishes
moggy
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  #49  
Old 02.09.2012, 00:12
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

Thank you for your input and support.

Always take deposit, as much as possible, this was the only driving force that made him finally hire a cleaning service.

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Happy to read the flat has been cleaned to your satisfaction.

I can see you are really 'pissed' you took on the odd few chfs a month when the rent increased to then find out, he knew how to twig things to get himself a good deal with the students sharing the rent.

If either student could get a better deal, then they would not have stayed there.

It is his deposit not theirs / dont even go there.

At the end of the day, you now have your flat back, hopefully most furniture back in position & any other costs he will reimbursed. If not consider how much you are out of pocket, inconvenience to the fact you now have your flat back.

Consider how much would it have cost you to put your furniture into storage versus leaving it in the flat for him to use.

thanks for your original Posting have learnt some things in this thread.

All Good Wishes
moggy
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  #50  
Old 03.09.2012, 23:31
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

NEWS!!!: I learned that this person has rented the apartment first before getting the permission from me. They were living there and then when he realized that they need papers for the Kresibuero (he did not know thta in CH there are some efficient laws) he contacted me.

I guess he engaged in an illegal act?

I know I may sound very determined to punish him, but believe me he is not a victim here! He was abusing helpless students for his financial benefit.

I also thought about contacting his employer who gave a recommendation for him -- what do you think?

With many thanks
V
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  #51  
Old 04.09.2012, 06:43
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Re: Sublet-ted apartment in bad state-- how not to release the deposit?

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NEWS!!!: I learned that this person has rented the apartment first before getting the permission from me. They were living there and then when he realized that they need papers for the Kresibuero (he did not know thta in CH there are some efficient laws) he contacted me.

I guess he engaged in an illegal act?

I know I may sound very determined to punish him, but believe me he is not a victim here! He was abusing helpless students for his financial benefit.

I also thought about contacting his employer who gave a recommendation for him -- what do you think?

With many thanks
V
I think you're bitter and should let it go. Either that, or you're really really bad at explaining just how this guy took advantage of the students, in which case the employer (who has little reason to care) will wonder why you're wasting his time with this.

Give it up, man. You got the apartment cleaned, which is where this story should end.
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