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Old 13.02.2014, 16:22
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Need advice concerning Swiss tenancy law

I'm changing from a sub-rent to a proper renting contract next month (flat mate is moving out). I now got the new contract to sign and noticed a strange position in the bills section (Nebenkosten):
"Serviceabonnoment: Objektversicherung", (Service-subscription: Object-insurance) for 150CHF a month.


I know that this is not legal, but have not yet talked about it with my landlord. The current tenant is moving out in two weeks, and the landlord only just sent me the contract. He puts pressure to sign the contract fast on the current tenant, who puts pressure on me.


What is my next best action?
Should I sign the contract so she can move out and talk about the "Objektversicherung" with my landlord after the tenant change? My chances should be good to not be required to pay the Objektversicherung even after I signed the contract, right?
Or should I get into contact with my landlord, whom I have never spoken to yet, and risk an argument before I could sign the contract. Maybe even risk a possible rejection of the flat?


Thanks
Mausbiebr



For Reference:

http://www.mieterverband.ch/fileadmi...ebenkosten.pdf
Unzulässige Nebenkosten:
Steuern
Gebäudeversicherungsprämien
Anschlussgebühren
für Kabelnetz, Kanalisation usw.
Niederschlagsableitungsgebühr
(Meteorwasser)
Erschliessungsgebühren
Hypothekar- und Baurechtszinsen
Reparaturen und Investitionen
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  #2  
Old 13.02.2014, 16:32
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Re: Need advice concerning Swiss tenancy law

Short answer: No. Do not sign anything you are not 100% comfortable with regardless of pressure. Once you sign, you are obligated to exactly what the contract says and the other party has no reason to negotiate further.
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Old 13.02.2014, 16:52
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Re: Need advice concerning Swiss tenancy law

To make it clear, I would cross out the bits you don't like and send it back unsigned, together with the evidence you have that this is not permitted.
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Old 17.02.2014, 13:19
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Re: Need advice concerning Swiss tenancy law

Quote:
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I'm changing from a sub-rent to a proper renting contract next month (flat mate is moving out). I now got the new contract to sign and noticed a strange position in the bills section (Nebenkosten):
"Serviceabonnoment: Objektversicherung", (Service-subscription: Object-insurance) for 150CHF a month.


I know that this is not legal, but have not yet talked about it with my landlord. The current tenant is moving out in two weeks, and the landlord only just sent me the contract. He puts pressure to sign the contract fast on the current tenant, who puts pressure on me.


What is my next best action?
Should I sign the contract so she can move out and talk about the "Objektversicherung" with my landlord after the tenant change? My chances should be good to not be required to pay the Objektversicherung even after I signed the contract, right?
Or should I get into contact with my landlord, whom I have never spoken to yet, and risk an argument before I could sign the contract. Maybe even risk a possible rejection of the flat?


Thanks
Mausbiebr



For Reference:

http://www.mieterverband.ch/fileadmi...ebenkosten.pdf
Unzulässige Nebenkosten:
Steuern
Gebäudeversicherungsprämien
Anschlussgebühren
für Kabelnetz, Kanalisation usw.
Niederschlagsableitungsgebühr
(Meteorwasser)
Erschliessungsgebühren
Hypothekar- und Baurechtszinsen
Reparaturen und Investitionen

If you sign the contract along with the clauses you are not comfortable with, you are obligated to adhere to the contract. As rightly suggested by "3Wishes", do not sign the contract. You can initiate a discussion with your landlord for the contract & agree on something that works for both of you.
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  #5  
Old 17.02.2014, 13:24
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Re: Need advice concerning Swiss tenancy law

ehhmmm,as I understand it....this insurance / subscription is AFAIK, in regards to dishwasher and other such white goods connected with your appartment....but with the little detail you posted it's not easy to determine that clearly...

HTH anyway

EE
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Old 17.02.2014, 16:04
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Re: Need advice concerning Swiss tenancy law

Objektversicherung is the same as Gebäudeversicherungsprämien
Buildinginsurance

Looks like the landlord made a miscalculation when he determined the rent.

But I am surprised as there is a line on the Zuger Standard Rental contract: http://www.zg.ch/behoerden/volkswirt...aende/download

From my point of view it is not illegal as long as it is clearly mentioned in the contract as a separate item, it can not just be subsumised as "Nebenkosten":

Law is Art. 257a and Art. 257b Swiss Code of Obligations.

Quote:
Art. 257a
2. Accessory charges

a. In general

1 Accessory charges are the consideration due for services provided by the landlord or lessor or a third party in connection with the use of the property.

2 They are payable by the tenant or lessee only where this has been specifically agreed with the landlord or lessor.



Art. 257b
b. Residential and commercial premises

1 Accessory charges for residential and commercial premises are the actual outlays made by the landlord for services connected with the use of the property, such as heating, hot water and other operating costs, as well as public taxes arising from the use of the property.

2 The landlord must allow the tenant on his request to inspect the documentation for such outlays.
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Old 18.02.2014, 10:30
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Re: Need advice concerning Swiss tenancy law

Thank you for the Info, now i have learnt something new as well and was mistaken in my first impression of the topic.

Cheers

EE


Quote:
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Objektversicherung is the same as Gebäudeversicherungsprämien
Buildinginsurance

Looks like the landlord made a miscalculation when he determined the rent.

But I am surprised as there is a line on the Zuger Standard Rental contract: http://www.zg.ch/behoerden/volkswirt...aende/download

From my point of view it is not illegal as long as it is clearly mentioned in the contract as a separate item, it can not just be subsumised as "Nebenkosten":

Law is Art. 257a and Art. 257b Swiss Code of Obligations.
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