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Old 23.09.2012, 00:54
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Fee for not signing the rental contract

I got a rental offer and the rental contract is on its way to me. Meanwhile I got another offer, which sounds better. Is there some fee that I will need to pay if I don't sign the contract? In my application form was no information about this, but it said that the application is not binding.
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Old 23.09.2012, 02:27
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Re: Fee for not signing the rental contract

Best thing is to make up your mind if you want the 'better place' and make a quick phone call to the agent of the first place to tell them that you want to reject the contract. They will soon tell you if they expect a small fee in return for you messing them around...
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Old 23.09.2012, 02:32
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This has come up before, some agencies want to charge.

You do not have to pay !
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Old 23.09.2012, 09:07
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Re: Fee for not signing the rental contract

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This has come up before, some agencies want to charge.

You do not have to pay !
Not true. If she has agreed to rent and a contract is on the way, then their is a possible obligation if the agency in question uses this practice. A verbal contract is binding in Switzerland and with a contract already on the way, it would be difficult to deny a verbal contract was not in place.

Do the right thing, if they want to invoice you a minimal amount, pay it and move on as if you don't it just makes it far more difficult for the rest of us when we want to rent is todays' type of market.
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Old 23.09.2012, 13:55
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Re: Fee for not signing the rental contract

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I got a rental offer and the rental contract is on its way to me. Meanwhile I got another offer, which sounds better. Is there some fee that I will need to pay if I don't sign the contract? In my application form was no information about this, but it said that the application is not binding.
Very often the clause about the penalty for backing out if your application was accepted and a contract was prepared but you have changed your mind is in mice type on the application form. It can vary from 40 chf to 200 chf.

The important thing is not to just sit on the rental contract. Send it back to the agency unsigned with a note explaining that you are not going to take the apartment.
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Old 23.09.2012, 16:00
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Re: Fee for not signing the rental contract

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Not true. If she has agreed to rent and a contract is on the way, then their is a possible obligation if the agency in question uses this practice. A verbal contract is binding in Switzerland and with a contract already on the way, it would be difficult to deny a verbal contract was not in place.

Do the right thing, if they want to invoice you a minimal amount, pay it and move on as if you don't it just makes it far more difficult for the rest of us when we want to rent is todays' type of market.

no its very true....

Forget about the "moral" factor, its not as if the agency will think for a split second of showing you the same consideration.

All if fair in love and war and the actual law.

But to answer the question:

http://www.mietrecht.ch/documents/Do...mp_1_97_23.pdf

also from the mieterverband website:

" Ich habe ein Anmeldeformular für eine Wohnung ausgefüllt. Darauf stand: Wird aufgrund dieser Bewerbung ein Mietvertrag ausgestellt, der infolge von Ihnen nicht unterzeichnet wird, ist für die Umtriebe eine Entschädigung von Fr. 100.- zu zahlen. Ich erhielt dann den Mietvertrag, hatte aber in der Zwischenzeit bereits eine andere Wohnung gefunden. Muss ich die Fr. 100.- bezahlen?

Nein, eine pauschale Entschädigung für den Nichtabschluss eines Mietvertrages kann nicht gültig in einem Mietbewerbungsformular vereinbart werden. Sie müssen den Betrag somit nicht zahlen. "
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Old 23.09.2012, 19:10
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Re: Fee for not signing the rental contract

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Forget about the "moral" factor, its not as if the agency will think for a split second of showing you the same consideration.
Isn't that the trouble nowadays? We all forget about doing the "right" thing and then squawk when we get shafted ourselves...
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Old 24.09.2012, 11:48
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Re: Fee for not signing the rental contract

if someone gets shafted within the law then thats the luck of the draw, and however right or wrong it is thats what you have to stick to.......

trust me i know !
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Old 24.09.2012, 12:42
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Re: Fee for not signing the rental contract

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no its very true....

Forget about the "moral" factor, its not as if the agency will think for a split second of showing you the same consideration.

All if fair in love and war and the actual law.

But to answer the question:

http://www.mietrecht.ch/documents/Do...mp_1_97_23.pdf

also from the mieterverband website:

" Ich habe ein Anmeldeformular für eine Wohnung ausgefüllt. Darauf stand: Wird aufgrund dieser Bewerbung ein Mietvertrag ausgestellt, der infolge von Ihnen nicht unterzeichnet wird, ist für die Umtriebe eine Entschädigung von Fr. 100.- zu zahlen. Ich erhielt dann den Mietvertrag, hatte aber in der Zwischenzeit bereits eine andere Wohnung gefunden. Muss ich die Fr. 100.- bezahlen?

Nein, eine pauschale Entschädigung für den Nichtabschluss eines Mietvertrages kann nicht gültig in einem Mietbewerbungsformular vereinbart werden. Sie müssen den Betrag somit nicht zahlen. "
Can someone please translate this in practice? There are two scenarios and I was under the impression that an agency couldn't charge you for simply filling out an application. However, I thought it was legal to charge you if they contact you after you apply, offer you the apartment and then draw up a contract upon your acceptance, which you later retract (assuming they inform you within the application of such a practice).

Does the German text above apply to both of these scenarios?
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Old 24.09.2012, 20:56
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Re: Fee for not signing the rental contract

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if someone gets shafted within the law then thats the luck of the draw, and however right or wrong it is thats what you have to stick to.......

trust me i know !
I'll have to remember that quote for other threads on here when people start talking about what is legal and what is moral and about how the system sucks...
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Old 24.09.2012, 21:02
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Re: Fee for not signing the rental contract

Related thread:

Fined CHF 200 for declining rental offer

DE word I believe is Umtrieb / Umtriebsentschädigung ( Administrative / inconvenience fee )
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Old 24.09.2012, 21:14
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Re: Fee for not signing the rental contract

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I'll have to remember that quote for other threads on here when people start talking about what is legal and what is moral and about how the system sucks...
the system does indeed suck big time! in my case i was furious for weeks as due to absolutly no fault of my own and an obscure law i had to pay out over 1000chf.
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