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Old 08.09.2013, 20:37
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Fee for not signing a rental contract

While searching for a flat, the application form had a small print declaring that I am obliged to pay a fee (of 500chf) to cover their costs in case I decline once they offer me the flat.

Is that legally possible? Do they need to prove they had costs of 500chf?

The text in German was as follows:
Wird aufgrund dieser Bewerbung ein Mietvertrag ausgestellt, der in der Folge von Ihnen nicht unterzeichnet wird, so ist die "name of the company" für Umtriebe entsprechend mit CHF 500,- zu entschädigen.

What happened is that they sent an email saying I'm getting the flat. I wrote back that I'm no longer interested. They sent back by email pictures of the contract they prepared and a bill for 500chf.

Any way out of this? Thank you.
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Old 08.09.2013, 20:40
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Re: Fee for not signing a rental contract

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While searching for a flat, the application form had a small print declaring that I am obliged to pay a fee (of 500chf) to cover their costs in case I decline once they offer me the flat.

Is that legally possible? Do they need to prove they had costs of 500chf?

The text in German was as follows:
Wird aufgrund dieser Bewerbung ein Mietvertrag ausgestellt, der in der Folge von Ihnen nicht unterzeichnet wird, so ist die "name of the company" für Umtriebe entsprechend mit CHF 500,- zu entschädigen.

What happened is that they sent an email saying I'm getting the flat. I wrote back that I'm no longer interested. They sent back by email pictures of the contract they prepared and a bill for 500chf.

Any way out of this? Thank you.
The rule is that they can only charge you a fee (and a lot less than CHF 500) if they actually prepare a contract for you and you turn it down. If they called you to tell you it's yours and you say no they can't charge you. Tell them to get stuffed....
This user would like to thank Snoopy for this useful post:
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Old 08.09.2013, 20:47
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Re: Fee for not signing a rental contract

If you signed an application form with the knowledge of that charge which you did as you have pointed it out here, then the answer is yes they can charge it as it was in the agreement you signed. If you didnt want this you should reject the clause and have it removed before signing.

Proving costs of this amount will be simple as the cost of you agreeing, then declining will mean they need to readvertise, pay someone to prepare documents etc.

They have a signed document with your agreement as shown by the signature. Regardless of the merits of right, wrong etc you signed a legally enforcable agreement
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Old 08.09.2013, 21:08
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Re: Fee for not signing a rental contract

Hi,
Hallolife I pm'ed you
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Old 08.09.2013, 23:26
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Re: Fee for not signing a rental contract

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If you signed an application form with the knowledge of that charge which you did as you have pointed it out here, then the answer is yes they can charge it as it was in the agreement you signed. If you didnt want this you should reject the clause and have it removed before signing.

Proving costs of this amount will be simple as the cost of you agreeing, then declining will mean they need to readvertise, pay someone to prepare documents etc.

They have a signed document with your agreement as shown by the signature. Regardless of the merits of right, wrong etc you signed a legally enforcable agreement
I am afraid that you are wrong, and just becaue it is in an agreement doesn't make it right. They have a concept here known as "ungerechtfertigte Bereicherung" (undue enrichment) which means basically that you cannot just charge anyone anything...In a case like this they would have to demonstrate that they have suffered losses to that extent and I would think that they would be hard pressed to do so.

But, the agreement says that they would only charge if they actually prepared a contract. In this case the OP is saying that they called and told him that he had been accepted but hadn't actually sent him a contract to sign. THey only sent him a picture of a contract that they had prepared. If that is indeed the case then no charge is due anyway.

Most agents will charge between 50 and 200, 500 is way OTT.
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Old 09.09.2013, 11:06
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Re: Fee for not signing a rental contract

Found this on

http://www.mieterverband.ch/fileadmi...ietvertrag.pdf

Zu was verpflichtet das Ausfüllen eines Bewerbungsformulars?

Even if a reference on the application form is attached that
subsequent failure to sign the contract entitling the owner to a administration fee, such a statement is irrelevant: The prospective tenant must of course know the exact content of the contract first,
before he knows whether he will sign the contract.

Any thoughts? Should I send this to the agency?
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Old 09.09.2013, 11:12
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Re: Fee for not signing a rental contract

Send it to them and remind them that if you had signed and then pulled out you might understand but that at the moment you have NOT signed the contract so how can it even exist.

You are still likely to be charged some fee but if you give them all the reasons and then appeal to them that you have withdrawn for good reasons and informed them upfront you may be lucky.

If you try to through loads of legal explanations it is likely to only have them test how good you are and then the 500 CHF is quite likely to be charged.

Get talking to them pronto
 




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