Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 26.05.2015, 19:01
Newbie
 
Join Date: Apr 2015
Location: Ennetbürgen
Posts: 3
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
di.faz has become a little unpopulardi.faz has become a little unpopular
Getting Security deposit back

Dear All, can anyone advise if it is legal to tell the owner of the apartment I rent, that she can have the final months rent directly from my security deposit when we "release" it at the end of June 2015? Technically it means my final rent is one month late but at least it means she must sign it back to me. I believe that... because there is no benefit to her releasing my security money, she will simply not do it. And I read on this forum she can make me wait for up to 12 months!!! Its a lot of money and I want to ensure somehow I get it back in a timely manner. Any other ideas how I can do this? I am thinking I will claim financial hardship this month...but not sure if my idea of taking the final months rent from security monies is actually allowed in Switzerland.
Reply With Quote
This user groans at di.faz for this post:
  #2  
Old 26.05.2015, 19:03
newtoswitz's Avatar
Forum Legend
 
Join Date: Jan 2010
Location: Rapperswil
Posts: 3,086
Groaned at 52 Times in 48 Posts
Thanked 3,652 Times in 1,667 Posts
newtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond repute
Re: Getting Security deposit back

No, for the obvious reason that you could trash the place, ask them to use up the security deposit on the last N months rent, and they'd have nothing left.

The deposit should be in escrow, if it takes more than a couple of months complain vigorously to the agency and the escrow bank.
Reply With Quote
The following 2 users would like to thank newtoswitz for this useful post:
  #3  
Old 26.05.2015, 19:05
adrianlondon's Avatar
Forum Legend
 
Join Date: Nov 2009
Location: Basel
Posts: 9,169
Groaned at 171 Times in 154 Posts
Thanked 25,643 Times in 6,892 Posts
adrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond repute
Re: Getting Security deposit back

Not allowed. She'll raise a claim against you for the missing rent and it's a good way to ensure she then takes the full 12 months to return your deposit. If she did it properly, the deposit is in a joint account which she can't access on her own, without waiting 12 months and proving she's tried to return it to you or spent it on repairs. So she couldn't take that money to cover the missing rent.

Your best bet is to explain to her nicely that you're short of cash and could she do a deal by reducing your deposit by the last month's rent. This is assuming you paid the standard 3x rent as your deposit. If you only paid one month's rent worth of deposit then I suspect she'll say "no" very quickly.
Reply With Quote
The following 2 users would like to thank adrianlondon for this useful post:
  #4  
Old 26.05.2015, 19:10
Newbie
 
Join Date: Apr 2015
Location: Ennetbürgen
Posts: 3
Groaned at 1 Time in 1 Post
Thanked 1 Time in 1 Post
di.faz has become a little unpopulardi.faz has become a little unpopular
Re: Getting Security deposit back

Thanks both, I will take the intelligent approach then and ask if she is willing to do a deal (I paid 2 months rent in security). She is not a nice lady so will probably say no, but its better than nothing
Reply With Quote
This user would like to thank di.faz for this useful post:
  #5  
Old 26.05.2015, 21:21
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,387
Groaned at 73 Times in 59 Posts
Thanked 10,901 Times in 4,424 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Getting Security deposit back

I don't really understand why you don't want to follow the standard procedure. Except that you say your landlady is not nice, and you obviously don't trust her.

Here are the standard steps:

You give notice in writing, for the notice period specified in the contradct, by registered letter. A registered letter is considered proof of notice (you keep a copy of the letter and the sending-receipt from the post office). If you do not follow that procedure, your landlady could perhaps claim that she does not even know that you're leaving.

As the end date approaches, you and she set a date to return the keys.
Before then, you empty the flat of your things, and clean the flat absolutely perfectly gleaming and dust-free.
During the appointment, she may inspect every nook and cranny of the flat, and list any damages for which you will have to pay.
You should have a list of the damages that were considered "given" when you moved in, and you can compare the two lists. As long as you have them recorded on a document signed by you both when you moved in, you are not liable to pay for any damages already there when you arrived.

At that inspection, if you agree with the items she has listed AND she has specified the costs of the repairs and you agree to the amount, sign her list.
If you do not agree, then write on the paper only that you have been given a copy of the document, and not that you agree to ist sontents. If you think her claims are too high, you will have to prove that somehow... with the help fothe Tenants' association.
At the end of the meeting, you hand over all the keys to the flat.

Once you and she have agreed on the amount to which she is entitled, out of your deposit, she should order the bank to release your deposit to you, less the sum you have to pay for damages. You will have to sign for that release, too.

You and she write a joint letter to the bank where the deposit is held, asking them to release the deposit to you, minus the part owed to her, which they can release to her. Or, in some cases you can go to the bank together, and both sign the papers right there, and get the deposit account closed and the moneys paid out.
Reply With Quote
The following 3 users would like to thank doropfiz for this useful post:
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
Getting deposit back Enohzee Housing in general 5 08.10.2014 17:22
Getting back deposit money. Am I in a mess? EricXing Housing in general 20 31.10.2013 20:47
trouble getting deposit back - suggestions?? Crazy Canuck Housing in general 25 26.06.2013 19:46
Getting our deposit back, help!! smilerbaker Housing in general 18 13.02.2012 02:37
Deposit for flat rental [problems getting it back] hoover Housing in general 41 10.05.2010 20:39


All times are GMT +2. The time now is 00:11.


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