Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 13.04.2015, 15:21
Newbie 1st class
 
Join Date: Oct 2014
Location: Zurich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
Raj2014 has no particular reputation at present
House Sub-Let rules in Swiss.

Hi Guys ,
I have rented a apartment and further i sub let one room to a person and signed a contract with him and clearly mention that he needs to give me a 2 month notice period prior vacating the room. I took 1 month advance and did not took the 2nd month advance.
2 days back he told me that he will vacate next month end (May End of month)and will not give me May rent too.
1. He has not given me notice last month which should have been the proper way of doing things
2. He should give me the May rent.

Can some one help me to understand where I can raise this case and what I can do to get my money from him , and what is applicable as per swiss law.
Thanks in advance.
Regards
Rajat.
Reply With Quote
  #2  
Old 13.04.2015, 15:30
Guest
 
Posts: n/a
Re: House Sub-Let rules in Swiss.

You really should join your local Mietverband and go and ask them for advice. Was the room furnished or unfurnished- I believe it makes a difference in Switzerland. Also did you ask permission from your landlord to sublet a room?
Reply With Quote
  #3  
Old 13.04.2015, 15:35
Newbie 1st class
 
Join Date: Oct 2014
Location: Zurich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
Raj2014 has no particular reputation at present
Re: House Sub-Let rules in Swiss.

Hi ,
Thanks for the reply
I did informed the agency about sub let, room has a Mattress and a wardrobe
and Fully furnished kitchen with all my utensils.

Regards
Rajat.
Reply With Quote
This user would like to thank Raj2014 for this useful post:
  #4  
Old 13.04.2015, 17:30
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,885
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: House Sub-Let rules in Swiss.

You could take the contract to the Betreibungsamt and sue him for the June rental.

http://www.englishforum.ch/search2.php?q=Betreibung
Reply With Quote
  #5  
Old 13.04.2015, 17:35
Guest
 
Posts: n/a
Re: House Sub-Let rules in Swiss.

Just can't find the link, but I am sure I read before that a furnished room only needs 2 weeks' notice- so not sure if your contract can supersede the law. It maight be difficult to sue if your landlord has not been informed of that you were renting a room.

Again, the same advice applies and I realise it is too late for YOU personally, but anyone who rents in Switzerland should join their local Asloca or Mietverband as soon as they arrive- as legal protection is only available after you've been a member for 3 months. The fee is small and worth its weight in gold.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #6  
Old 13.04.2015, 17:42
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,786
Groaned at 99 Times in 88 Posts
Thanked 19,577 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: House Sub-Let rules in Swiss.

Quote:
Just can't find the link, but I am sure I read before that a furnished room only needs 2 weeks' notice- so not sure if your contract can supersede the law. It maight be difficult to sue if your landlord has not been informed of that you were renting a room.
Cancellation period can be longer but not shorter than the default one by the law. Art. 266a Swiss Code of Obligations http://www.admin.ch/opc/en/classifie...dex.html#a266a

Agency is informed, and even if not, sub-let contract would be still valid.

When is the May rent due? Is there a clause in the contract? If not then rent is due end of month. Art. 257c Swiss Code of Obligatons http://www.admin.ch/opc/en/classifie...dex.html#a257c
Reply With Quote
The following 2 users would like to thank aSwissInTheUS for this useful post:
  #7  
Old 13.04.2015, 19:03
Forum Legend
 
Join Date: Oct 2014
Location: Steinach SG
Posts: 8,555
Groaned at 417 Times in 313 Posts
Thanked 11,187 Times in 5,877 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: House Sub-Let rules in Swiss.

Indeed, notice period for single rooms by default is two weeks. But as for apartments(which have minimum 3 months cancel period), the contract may specify a longer period.

You have a contract, but you seem to have mentioned the notice period only verbally. That's legally binding for an ordinary contract, it may be so for rooms/apartments also (not sure because rentals bring additional protection for the renter), but it'll be impossible to prove before court. And since you have a written contract I'm not sure if the judge would believe you about having mentioned such an important aspect only verbally.

If you rent a room you definitely want to educate yourself about the legal situation, your duties and rights as well as those of the renter.
Reply With Quote
The following 2 users would like to thank Urs Max for this useful post:
  #8  
Old 14.04.2015, 14:35
Newbie 1st class
 
Join Date: Oct 2014
Location: Zurich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
Raj2014 has no particular reputation at present
Re: House Sub-Let rules in Swiss.

I have signed a written contract, which have everything written in details.

1) Rent to be paid in advance every month
2) Notice period of 2 months to be given in written, which i still don't have from him in written. He have verbally mentioned he would vacate by end of May.
3) Sharing of particular expenses and cleaning cost while vacating the house.

He have also threatened that he would not hand over the keys while vacating.
Please let me know what i can do in such case.
Reply With Quote
  #9  
Old 14.04.2015, 15:34
Guest
 
Posts: n/a
Re: House Sub-Let rules in Swiss.

Join the Mietverband asap and go and ask for advice- as told before. They won't give free legal support as you won't have been a member for 3 months- but you never know, you micht be lucky. Take contract with you and all info your have on him. Then you will have to warn him that you will issue a Betreibung (debt pursuit). How much info do you have on the guy? Is he Swiss, or is he foreign and might just 'disappear'. Do you have a copy of his passport, for instance- or do you know his employer- or have any other detail you can pin him down with. Where his family lives, his gf, whatever.

I really do not think anyone on EF can help you at all I am afraid - do please don't waste any more of your time here (or ours for that matter ) Get in touch and go to the Mietverband as soon as you possibly can for advice- with the contract- today if you can. Because he might do a runner before the end of May any day now.
Reply With Quote
This user would like to thank for this useful post:
  #10  
Old 14.04.2015, 22:12
Newbie 1st class
 
Join Date: Oct 2014
Location: Zurich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
Raj2014 has no particular reputation at present
Re: House Sub-Let rules in Swiss.

Please let me know how do I find the Mietverband in my area.. please give any other info necessary.
Reply With Quote
  #11  
Old 14.04.2015, 22:30
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,008
Groaned at 84 Times in 80 Posts
Thanked 18,441 Times in 8,240 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: House Sub-Let rules in Swiss.

Quote:
View Post
Please let me know how do I find the Mietverband in my area.. please give any other info necessary.
First result on Google search gives this: https://www.mieterverband.ch/mv-zh.html

Although the site is in German, use the Kontakt link and you should be able to communicate with someone in English without too much trouble:
https://www.mieterverband.ch/mv-zh/kontakt.html

They don't give free advice exactly, but for an annual fee of around 60 Francs it's a pretty reasonable price to have help and peace of mind.
Reply With Quote
The following 2 users would like to thank 3Wishes for this useful post:
  #12  
Old 20.04.2015, 21:18
Newbie 1st class
 
Join Date: Oct 2014
Location: Zurich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
Raj2014 has no particular reputation at present
Re: House Sub-Let rules in Swiss.

Please let me know if some one knows what exactly is the process of the Mietverband and approximately how much time they take to give a solution.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Sub-let in Zurich, Thalwil... embe Housing in general 0 10.07.2008 10:47


All times are GMT +2. The time now is 07:35.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0