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Old 30.06.2015, 18:35
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Pay for the aged fridge and bathtub?

Hi,

I am going to move out from the old apartment. Hauswart asked us to pay for the aged sealing rubber hand. We have used this fridge for 11 years and the fridge is 20 years old. He also charge us for the usage sign of toilet and bathtub, both of which are also 20 years old, and we have used them for 11 years. My question is according to Swiss law, do we need to pay for them? If not, which artical of law I can quote to negotiate with Hauswart?
Thank you for your reply.
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Old 30.06.2015, 18:38
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Re: Pay for the aged fridge and bathtub?

Check with the Mieterverband. This seems a bit off to me as it is normal wear and tear and also long written off
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Old 30.06.2015, 18:44
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Re: Pay for the aged fridge and bathtub?

FAQs - you SURE your question/problem/requirement is unique? Look here before asking

When you have very old items, the landlord does not always have to replace them, but you do not have to pay for them if they are broken or worn out,
https://www.mieterverband.ch/mv/miet...ertabelle.html

'Fridge ten years: https://intern.mieterverband.ch/ldt/objekte.php?suchwort=K%C3%BChlschrankc

Bath / WC / shower, various: https://intern.mieterverband.ch/ldt/...rt=D%C3%BCsche
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Old 30.06.2015, 22:29
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Re: Pay for the aged fridge and bathtub?

Thank you very much for the useful information. I will negotiate with Hauswart tomorrow.
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Old 05.07.2015, 00:16
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Re: Pay for the aged fridge and bathtub?

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Thank you very much for the useful information. I will negotiate with Hauswart tomorrow.
What exactly is there to negotiate ?
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Old 05.07.2015, 11:52
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Re: Pay for the aged fridge and bathtub?

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Hi,

I am going to move out from the old apartment. Hauswart asked us to pay for the aged sealing rubber hand. We have used this fridge for 11 years and the fridge is 20 years old. He also charge us for the usage sign of toilet and bathtub, both of which are also 20 years old, and we have used them for 11 years. My question is according to Swiss law, do we need to pay for them? If not, which artical of law I can quote to negotiate with Hauswart?
Thank you for your reply.
Items have to be replaced with no charge to the tenant if unable to be used in the normal way:

Toilet after 35 years
Bathtub after 25-35 years
Fridge after 10 years

Number of years before replacement and approximate replacement prices to be found here


Tenant has to pay a percentage if items need to be replaced sooner. The percentage is calculated as follows:

Mieterverband (renter's assoc.)'s approximate replacement price (Richtpreis) is A
Item's price in store is B (A + C)

Item is 15 years old and the landlord needs to replace it (according to the Lebensdauertabelle from the renter's association) after 20.

Tenant (or his liability insurance company) needs to pay
(20-15) * A.

If the landlord wants the item with B price, he needs to pay for C (the difference between A and B) out of his own pocket.


The person who can make demands of a tenant is normally the landlord or the agency, not the Hauswart who is employed by the agency or landlord. After all, the lease is between landlord/agency and tenant, not Hauswart and tenant.

If the Hauswart tells you that he has been given permission to make this kind of decision (German: Vollmacht), demand written proof of this permission from him and the landlord and go to the renter's association to make sure he his allowed to do this before agreeing to pay for any damages.

I would highly recommend taking someone from the renter's association to the handover.

If you disagree on who has to pay for the damages, you can take this case to the renter's arbitration office where they can either try to find a middle ground between you and the landlord/agency, propose a solution if the value of the items to be replaced doesn't exceed CHF 2000.- or give the person who went to the arbitration office permission to take this to the higher-up courts.

Know that whatever you do, if you don't notify your insurance of the damages immediately, you might lose possible coverage of the damages you might end up having to pay.

Last edited by glowjupiter; 05.07.2015 at 12:04.
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