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Old 13.11.2015, 14:58
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moving out payment too high

Hi everyone, this is my first post in the Forum since I do need some help.
Last Month we checked out from the previous apartment, and got an invoice for total repairing payment for 4301 CHF. Most of the money goes to the floor ca. 2000 CHF and wall 900 CHF. The damage is that our small kid, 2 year old, did some paintings on the wall, on same parts, not completely. It happened twice when I was cooking. And for the floor, we accidentally dropped some strong glues on it and it goes to of one piece of the floor wood, and cannot be removed by detergent.
I am not sure if the house manager is justified for the amount of money he asked? The apartment was new and start to open from September 2012, meaning it was about 3 years old when we moved out.
Does anyone know where I can consult such issues? Does https://www.mieterverband.ch/mv.html help out?
Thanks a lot
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Old 13.11.2015, 15:06
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Re: moving out payment too high

Things like painting and floor coverings have a defined service life according to a table agreed to by the Mieterverband and Hauseigentümerverband. Paintwork is expected to last 8 years, so in your case you are liable for 5 years (ie remaining service life), so you - or rather your household liability insurance - must pay for 5/8ths of the cost of painting the wall. Parquet has a service life of 40 years so you are liable for 37/40ths of the cost of replacing the floor covering.

Of course, the arguments come in over how much needs to be repainted - 1 wall? whole room? - and how much of the flooring needs to be replaced. Above all what did you sign to accept liability for on the handover protocol?

The Mieterverband can certainly help ensure that your landlord doesn't try to get you to pay for anything more than you have signed for (and that happens with some regularity - e.g they try to get an entirely new floor out of you when you signed for 2 m2).
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Old 13.11.2015, 15:22
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Re: moving out payment too high

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Things like painting and floor coverings have a defined service life according to a table agreed to by the Mieterverband and Hauseigentümerverband. Paintwork is expected to last 8 years, so in your case you are liable for 5 years (ie remaining service life), so you - or rather your household liability insurance - must pay for 5/8ths of the cost of painting the wall. Parquet has a service life of 40 years so you are liable for 37/40ths of the cost of replacing the floor covering.

Of course, the arguments come in over how much needs to be repainted - 1 wall? whole room? - and how much of the flooring needs to be replaced. Above all what did you sign to accept liability for on the handover protocol?

The Mieterverband can certainly help ensure that your landlord doesn't try to get you to pay for anything more than you have signed for (and that happens with some regularity - e.g they try to get an entirely new floor out of you when you signed for 2 m2).
Thanks a lot for your response.
The apartment is from our own research institute, so does the manager. My boss tried to argue with him, but he was very angry and did not want to communicate at all.
For the protocol, it was not written very clear about what damage and how big. Just defekt. When we checked out, they said they will do basic cleaning, if not go away, they will hire expert to clean or repair. And after one month, without any further notice from them,we got an invoice like this. They kind of replaced the whole floor, and let us pay. They will say it is not possible to replace one piece, but have to be the whole room area.
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Old 13.11.2015, 15:26
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Re: moving out payment too high

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Thanks a lot for your response.
The apartment is from our own research institute, so does the manager. My boss tried to argue with him, but he was very angry and did not want to communicate at all.
For the protocol, it was not written very clear about what damage and how big. Just defekt. When we checked out, they said they will do basic cleaning, if not go away, they will hire expert to clean or repair. And after one month, without any further notice from them,we got an invoice like this. They kind of replaced the whole floor, and let us pay. They will say it is not possible to replace one piece, but have to be the whole room area.
Did you sign the protocol (Handover sheet)?
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Old 13.11.2015, 18:28
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Re: moving out payment too high

Do you have liability insurance? If so, pass it all over to your insurer. That's what we did, and they reduced a 3500 bill to 1800.
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Old 14.11.2015, 01:58
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Re: moving out payment too high

Is the flooring anything like this? If so , then it is definitely possible to replace a single piece/pieces. My friend had had it done very neatly and well by a professional.
You should call on one, or carry this photo and ask around .
This would help fight your case.
Attached Thumbnails
moving-out-payment-too-high-woodf.jpg  
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Old 14.11.2015, 08:13
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Re: moving out payment too high

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Is the flooring anything like this? If so , then it is definitely possible to replace a single piece/pieces. My friend had had it done very neatly and well by a professional.
You should call on one, or carry this photo and ask around .
This would help fight your case.
Any floor I have ever come into contact with in an apartment, whether tiled or wood, can be replaced in chunks... that's how it was laid. They may have to take a row up in order to slot the new piece of wood or laminate in, but to replace everything, unless the floor they used is now magically out of stock and nothing existing matches it, is just ridiculous.

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Thanks a lot for your response.
The apartment is from our own research institute, so does the manager. My boss tried to argue with him, but he was very angry and did not want to communicate at all.
For the protocol, it was not written very clear about what damage and how big. Just defekt. When we checked out, they said they will do basic cleaning, if not go away, they will hire expert to clean or repair. And after one month, without any further notice from them,we got an invoice like this. They kind of replaced the whole floor, and let us pay. They will say it is not possible to replace one piece, but have to be the whole room area.
Do not pay and pass it to your house insurance, see what they say.
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Old 14.11.2015, 09:08
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Re: moving out payment too high

The photo of the parquet is "old" style and it is possible to replace a piece, sand it down and re-varnish the floor.

With laminate or the such like, it is difficult as you have to take the whole floor up until you reach the piece that needs replacing and when you do this the tongue and groove breaks rendering the piece unstable/unusable.

Plus the colour will have changed, you need a lot of replacements laminate as others break during the up-lifting, however careful you are, so at end of day, it's cheaper to lay a new floor with new boards than for a professional company to try and repair, unless the damage is right at the start at the end of where the laminate floor was terminated.
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Old 17.11.2015, 13:39
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Re: moving out payment too high

Thanks for everyone concerning my issues. I tried many things and now want to share my experiences:
I first called Ombudsstelle der Stadt Zürich (https://www.stadt-zuerich.ch/portal/...udsstelle.html). It offers free consultation for apartment rental to English speaks as well. Call to make an appointment.
Then, since my apartment is from a private manager, I was assigned to Rechtsauskunft in Mietsachen, Bezirksgericht Zürich, Schlichtungsbehörde
Wengistrasse 30 (Parterre), 8004 Zürich (keine telefonischen Auskünfte)
Montag und Mittwoch, je 08.30 Uhr bis 11.00 Uhr und 14.00 bis 17.00 Uhr. Only available in German.
Finally, I got help from my house insurance. They found it is reasonable to repair the whole room area once it is damaged, even a small part. And they were willing to pay for most of the part. I have not yet got a final decision on how much they will cover.
Hope this can help other people having similar issues.
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