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Old 28.10.2014, 00:48
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No handover during the entry (sublease)

Hello guys,

I have a sublease from the main renter. I realised that he didn't do the handover. We don t have any accurate description of the room neither the furniture.

My question is: in case of observed damage, who should be responsible?

Thanks;

Fab
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Old 28.10.2014, 03:12
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Re: No handover during the entry (sublease)

Depends what the sublease contract says.
and it will likely say YOU are responsible. Did you pay a deposit to him/her?

Make a list asap of any damages with pics and descriptions sign, date , copy and have the other party sign also . Probably not a bad idea to get it notarized.
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Old 28.10.2014, 11:28
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Re: No handover during the entry (sublease)

According to the Mieterverband (swiss tenant association) current law (in force since 1990) says that by default it is assumed that any defect existed already when you moved in, and that the landlord must prove the contrary. Without a list of defects ("Mängelliste") this seems quite difficult. As a consequence not having a defect list ("Mängelliste") is good for the renter.

You can create one yourself just the same (check your contract, within 10-30 days after moving in is typical), attach photos where appropriate. Make a copy for yourself, send the original to the landlord by registered mail ("eingeschrieben") and save the receipt along with your copy. But again, this seems unnecessary.

(Document in german, not available in english)
http://www.mieterverband.ch/fileadmi...ue_Wohnung.pdf
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Old 09.11.2014, 22:01
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Re: No handover during the entry (sublease)

Because you took a furnished apartment, the potential problem might not appear only about the damage but also about lack of some furniture or appliances.
I hope you have opened a kautionskonto in a bank?
In that case you are quite safe, because once the rent is over, the landlord is obliged to prove the damage within some time frame, otherwise bank will return you the deposit by their own.

In any case, I always start with an assumption that most of the people are fair, so if I were you, I would keep it simple and not panic too much.
Just take photos of all rooms and all furniture and send to the main renter by email and ask him to confirm.
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Old 21.06.2021, 19:37
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Re: No handover during the entry (sublease)

The link above is broken. Here's the new page, the link "Merkblatt - Auszug ..." is of particular relevance.
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