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-   -   Rental deposit - the law? (https://www.englishforum.ch/housing-general/162361-rental-deposit-law.html)

SCH 19.11.2012 15:51

Rental deposit - the law?
 
Does anyone know the law on rental deposits? Is it a legal requirement to put the money in a rental deposit scheme at the bank that requires the signature of the tenant and the landlord or can the landlord just keep it in this bank?
I have looked on similar posts and can't find anything definite. Thanks

Snoopy 19.11.2012 20:12

Re: Rental deposit - the law?
 
If you pay a deposit and don't use a scheme like Swisscaution or something like that it must be in a bank in the tenant's name but requiring tenant/landlord signatures for release (ref Art. 257e1 of the Obliagtionenrecht/Codes des Obligations).

The law is crystal clear in this respect, there can be no misunderstandings.

swans1984 19.11.2012 21:49

Re: Rental deposit - the law?
 
What happens if one party wants to access the money but the other one wont agree to sign.

fatmanfilms 19.11.2012 21:54

Re: Rental deposit - the law?
 
Quote:

Originally Posted by swans1984 (Post 1721501)
What happens if one party wants to access the money but the other one wont agree to sign.

Nothing happens.....in ch people need to agree. Even if you go to court the other side can appeal .

swans1984 19.11.2012 21:59

Re: Rental deposit - the law?
 
I left my apartment in Feb 2011, tried to get deposit back the letting agent refused to sign the forms, so i dont know where the money actually is now thats the problem, could they have got it without me signing anything?

Snoopy 19.11.2012 22:23

Re: Rental deposit - the law?
 
Quote:

Originally Posted by swans1984 (Post 1721514)
I left my apartment in Feb 2011, tried to get deposit back the letting agent refused to sign the forms, so i dont know where the money actually is now thats the problem, could they have got it without me signing anything?

No they can't access it without your approval or a court order. If the agent does nothing then 12 months after the rental has terminated you can access your money: However, nothing is ever that simple....

In practice when you try to access the money the bank will ask the landlord whether there are any claims pending and whether he wishes to make a claim for damage with a deadline. If there is no claim you will get your money. If there is a claim you can either agree to it or go to mediation.

The question is, why did the letting agent refuse to sign the form? I am sure it wasn't because he was having a bad day....was there damage or some disagreement regarding damage that had been done?

Burner 19.11.2012 22:36

Re: Rental deposit - the law?
 
Quote:

Originally Posted by Snoopy (Post 1721395)
If you pay a deposit and don't use a scheme like Swisscaution or something like that it must be in a bank in the tenant's name but requiring tenant/landlord signatures for release (ref Art. 257e1 of the Obliagtionenrecht/Codes des Obligations).

The law is crystal clear in this respect, there can be no misunderstandings.

Is a "ZKB Mieterkautionssparkonto Naturlich Personen" the same thing?

GT says "ZKB rental surety savings account people course" which sounds about right...I guess...

Snoopy 19.11.2012 22:45

Re: Rental deposit - the law?
 
Quote:

Originally Posted by Burner (Post 1721567)
Is a "ZKB Mieterkautionssparkonto Naturlich Personen" the same thing?

GT says "ZKB rental surety savings account people course" which sounds about right...I guess...

Yes, but it should be in the tenants name (the tenant is entitled to any accrued interest).


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