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Old 18.06.2013, 08:49
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Deposit return

Hi, guys!

The story starts beggining of July last year, when I moved in the apartment. Right on our first meeting, when I was there to see the apartment, the guy (he owns the whole building) gave me the keys for the apartment (funny, I know!) and a piece of paper with his banking details, asking me to pay the rent for 3 months (rent for the first month + 2 months' rent as a deposit). Which I did right away! Well, the guy turned to be an idiot, ignoring all my requests and complaints, so I have decided to leave the apartment. I have sent him the letter 6 months before the day of leaving, which was right in the Easter week-end. Well, we had a bit of a verbal fight over this event, because the guy didn't want to come on Saturday to inspect the apartment and he was telling me to give the key to the new tenant, without his inspection. Anyway, having enough of his imbecility I gave the key to the new tenant but I have asked her to sign a paper with me, he had the same request and so we did. Tuesday, the guy came to inspect, but he refused to sign any paper, neither with me, nor with the new tenant, saying that he has his own papers and we will have to sign that. I didn't hear from the guy since!
Now, almost 3 months later, the guy did not return my deposit so I have sent him a letter beginning of this month, but still no nothing from the guy... no money, no phone call, no letter, no broken windows on my car....NOTHING!
What can I do in this situation? Please HELP!
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Old 18.06.2013, 09:48
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Re: Deposit return

have you been in touch with Mietervervand?

not sure if you joined them, as suggested to you last August.
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Old 18.06.2013, 12:49
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Re: Deposit return

Well... not really. I see that as a non-member I have to pay 40 CHF.
Considering that I have sent him a post registered notice beginning of this month, I plan to send him another notice on the 20th, telling him that if I don't see the money in my account before the end of the month I'll go to Mieterverband. Or should I just wait for the guy and go directly to Mieterverband on the 1st of July?
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Old 18.06.2013, 12:55
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Re: Deposit return

I wouldn't tell him your motives, that gives him time to get his ducks in order.

Join the rental agency, seek advice.

However, it must be said, I believe the landlord can hold the deposit for up to 12 months, so it may be a case of waiting it out, but seek advice in any event.
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Old 18.06.2013, 13:12
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Re: Deposit return

As far as I know (asking colleagues, and the few others I know here), they've told me he can keep the deposit for up to 12 months but only if those money are in a special account at the bank. It is not the case here, I have transferred the money in the same account as for the monthly rents.
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Old 18.06.2013, 13:36
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Re: Deposit return

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As far as I know (asking colleagues, and the few others I know here), they've told me he can keep the deposit for up to 12 months but only if those money are in a special account at the bank. It is not the case here, I have transferred the money in the same account as for the monthly rents.
Oh i see, so you paid the deposit to his personal account? Alarm bells.

Well, I don't know the ins and outs, would of thought that be illegal but I assume not, it is certainly not normal practice and hence the existence of standard deposit accounts for such matters, though may have read here of people doing similar things.

It may be the case though that the deposit was moved to rental account by him, I am not sure if I recall paying separate accounts either in the past, though it was clear I was getting a deposit account, from which I received statement of minimal interest earnings per year.
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Old 18.06.2013, 13:43
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Re: Deposit return

The law states that the rental deposit must be in an escrow account at a bank, in your name! So it doesn't look good for you at all!

Usually the owner opens an account for you. You pay the deposit into this special account. You get the tiny interest. After leaving apartment, the owner gives the bank the authority to release the deposit.

Go to the Mieterverband, & pay the Fr 40,-- but expect some big problems as it doesn't look as though either of you did anything legal!
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Old 19.06.2013, 23:56
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Re: Deposit return

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Go to the Mieterverband, & pay the Fr 40,-- but expect some big problems as it doesn't look as though either of you did anything legal!
Paying the deposit to the owner isn't illegal. Sometimes this is done just as a temporary measure until the proper rental deposit account is opened at a bank. It is the responsibility of the owner to do this.

Actually, it is very good news if the owner holds the deposit money and you have proof that you paid this to him as a deposit because he has no right to hold this money in his personal account.

If the money was placed in a rental deposit account then after one year you can contact the bank and request the release. The bank will contact the owner.
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Old 20.06.2013, 06:44
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Re: Deposit return

Thank you all for the infos! I'll pay them a visit on Tuesday ( http://www.mieterverband.ch/os_rb_frauenfeld.0.html ) and I'll take with me the contract, the "resignation" letter and all the wire transfers for the rent, especially the first one, covering the 3 months value (including the deposit). Do I need anything else: a candy box, a rose, a picture with me wearing a tutu?
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Old 25.06.2013, 16:16
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Re: Deposit return

My boss tried to be nice (he's always trying to do that but usually he screws the things up even worse than they were), and gave the guy a call. The guy went ballistic, started to scream and shout over the phone that he was a very nice guy (he forgot to mention when that happened) and it was my mistake that i have transferred the money in the wrong account (the guy shoot himself in the foot with this one, because my boss was there when I've been asked to transfer the money in his company's account), that I left the apartment when I was not supposed to (according to the contract, I've sent him "the love letter 6 months before the date of moving out, plus that date was the end of March) and that according to the Swiss law he has 6 months to pay so we should bugger off.
I hope he'll have a very pleasant surprise tomorrow morning, 'cause tonight I'm seeing mietervervand!
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Old 25.06.2013, 19:28
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Re: Deposit return

So, just got back from the mieterverband. The guy took a look at the papers, he said I'm in very good order with everything and I did nothing wrong, au contraire. He also said that my ex-vermieter is a walking eagle and that he should keep his mouth shut and pay immediately. He made a draft of letter for me, letter which I should send tomorrow. In the draft is written that there is no reason to keep the deposit and he should pay before a chosen date otherwise I will take legal steps. He also mentioned that I should prepare myself for legal action because usually they don't give a damn and they try to get away with the fact that you will forget or not take the hustle.
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Old 25.06.2013, 20:41
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Re: Deposit return

Sorry to hear about your trouble. We were more lucky and got our deposit back within 3 weeks. No ifs no buts. The landlord didn't give us any problem and as soon as the place was cleaned and in order, he released the deposit giving go ahead to escrow account. To be honest with you, I had to push them a little bit for an action, nagging them day in day out, especially as I hate to wait for the money owned me. The year would drive me nuts.

Sometime it is better to use professional relocation services. They not cheap but certainly it helps dealing with similar issue by third party tepresentatives.
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Old 11.07.2013, 11:44
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Re: Deposit return

It's me again, with news. I've checked my account and most of the deposit it's been transferred. The brownhole kept 135 CHF because he had to fix the steam hood in the kitchen. Funny thing is that he knew about this problem since January and the hood was under warranty, but he didn't do anything, because he lost the warranty certificate. When the new mieter complained about the defective hood, he started to yell at me saying that it was my job to take care of the warranty. When both new mieter and myself gave him brown stuff for his statement, he ran down the stairs refusing to sign any ubergabedokument, saying that he has his own and we will have to fill out his papers. I didn't hear from him since.
Long story short: does it worth to keep pushing until I get each and every rappen back (the hood simply refused to start one day and the guy did not tell me anything about charging me for that in the given term of 2 weeks) or should I drop it?
Thanks a lot!
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Old 11.07.2013, 11:48
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Re: Deposit return

If you have proof that it was faulty under warranty you can go at him for the CHF 135. It is very simple to do but make sure you have proof. If you want to know the process simply drop me a pm.

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It's me again, with news. I've checked my account and most of the deposit it's been transferred. The brownhole kept 135 CHF because he had to fix the steam hood in the kitchen. Funny thing is that he knew about this problem since January and the hood was under warranty, but he didn't do anything, because he lost the warranty certificate. When the new mieter complained about the defective hood, he started to yell at me saying that it was my job to take care of the warranty. When both new mieter and myself gave him brown stuff for his statement, he ran down the stairs refusing to sign any ubergabedokument, saying that he has his own and we will have to fill out his papers. I didn't hear from him since.
Long story short: does it worth to keep pushing until I get each and every rappen back (the hood simply refused to start one day and the guy did not tell me anything about charging me for that in the given term of 2 weeks) or should I drop it?
Thanks a lot!
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Old 22.09.2013, 20:47
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Re: Deposit return

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I've checked my account and most of the deposit it's been transferred
I've received a copy of a letter from my landlord telling the bank to release the deposit. I don't recall having given the bank the my private account's number. Can someone help me understand how to get my money back? Should I request it with the bank myself?
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Old 22.09.2013, 20:53
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Re: Deposit return

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I've received a copy of a letter from my landlord telling the bank to release the deposit. I don't recall having given the bank the my private account's number. Can someone help me understand how to get my money back? Should I request it with the bank myself?
Yes, the bank will need to know where to transfer the money to. You need to give them your bank details unless you gave this to your landlord and he passed this along to them.
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