Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 11.03.2016, 14:57
Newbie
 
Join Date: Mar 2016
Location: Zurich
Posts: 3
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
anbmh has no particular reputation at present
Hi, we are in a dispute with our landlord.

He claims we owe him for a parking we never agreed to, and he has not done lots of repairs he promised when we moved in - so we have not paid the deposit as he would just take the money from there.

Can he sue us to get the deposit?
Is the contract valid if we haven't paid it, and so we can move out right away? Or get evicted right away?
Is it legal to demand payment for the parking we said we wanted but thought was included as we used it for 1 year without hearing anything and now he wants 100 per month retroactively when the other tenant paid less than half that.

Thanks for the feedback

And what do you recomend we do?

Last edited by mirfield; 11.03.2016 at 15:01. Reason: Merge successive posts
Reply With Quote
This user groans at anbmh for this post:
  #2  
Old 11.03.2016, 15:02
Forum Legend
 
Join Date: Sep 2006
Location: na
Posts: 11,056
Groaned at 34 Times in 30 Posts
Thanked 26,140 Times in 8,079 Posts
meloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond repute
Re: Deposit & Parking

Quote:
View Post
And what do you recomend we do?
If you haven't already done so, join the Mieterverband:

https://www.mieterverband.ch/mv-zh.html

They are the people best placed to answer your questions and advise you. Be aware that there is a fee.
Reply With Quote
  #3  
Old 11.03.2016, 15:03
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,161
Groaned at 370 Times in 311 Posts
Thanked 14,157 Times in 6,590 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Deposit & Parking

Quote:
View Post
Hi, we are in a dispute with our landlord.

He claims we owe him for a parking we never agreed to, and he has not done lots of repairs he promised when we moved in - so we have not paid the deposit as he would just take the money from there.

Can he sue us to get the deposit?
Is the contract valid if we haven't paid it, and so we can move out right away? Or get evicted right away?
Is it legal to demand payment for the parking we said we wanted but thought was included as we used it for 1 year without hearing anything and now he wants 100 per month retroactively when the other tenant paid less than half that.

Thanks for the feedback

Did you agree to a parking space in your rental agreement? If so, you have to pay, if not, obviously not.


Deposit always has to be paid, actually most of the time before you move in so yes, he can get legal help to get the deposit.


And if you have signed the rental agreement, it is valid. If you move out you´d still owe the money for the months until the end of the lease.


He claims we owe him for a parking we never agreed to / Is it legal to demand payment for the parking we said we wanted.


So what did you agree?
Reply With Quote
The following 2 users would like to thank roegner for this useful post:
  #4  
Old 11.03.2016, 15:07
JagWaugh's Avatar
RIP
 
Join Date: Apr 2009
Location: Eglisau
Posts: 7,249
Groaned at 46 Times in 45 Posts
Thanked 14,131 Times in 5,506 Posts
JagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond repute
Re: Deposit & Parking

Quote:
View Post
Hi, we are in a dispute with our landlord.

He claims we owe him for a parking we never agreed to, and he has not done lots of repairs he promised when we moved in - so we have not paid the deposit as he would just take the money from there.

Can he sue us to get the deposit?
Is the contract valid if we haven't paid it, and so we can move out right away? Or get evicted right away?
Is it legal to demand payment for the parking we said we wanted but thought was included as we used it for 1 year without hearing anything and now he wants 100 per month retroactively when the other tenant paid less than half that.

Thanks for the feedback

And what do you recomend we do?

As always, the first question is "What does it say in the contract that you signed?"


How is it that you've lived there for a year and not yet paid a deposit? Usually you can't move in until the deposit has been paid?


Do you have any of the requests for repairs in writing?
Reply With Quote
This user would like to thank JagWaugh for this useful post:
  #5  
Old 11.03.2016, 15:08
Newbie
 
Join Date: Mar 2016
Location: Zurich
Posts: 3
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
anbmh has no particular reputation at present
We said we wanted parking, so he said he would free one up and send us a contract. 1 year later we never saw anything and we never agreed on an amount.

Do you have any legal text you can refer to?

It doesn't mention the parking. Deposit should be paid with first rent.

No, didn't get anything in writing. We just said we would pay the deposit when it was fixed.


Quote:
View Post
As always, the first question is "What does it say in the contract that you signed?"


How is it that you've lived there for a year and not yet paid a deposit? Usually you can't move in until the deposit has been paid?


Do you have any of the requests for repairs in writing?

Last edited by 3Wishes; 12.03.2016 at 16:56. Reason: merging consecutive replies
Reply With Quote
  #6  
Old 11.03.2016, 15:12
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 31,922
Groaned at 2,392 Times in 1,740 Posts
Thanked 38,871 Times in 18,323 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Deposit & Parking

CHF 100/month is perfectly reasonable for parking.

Tom
Reply With Quote
  #7  
Old 11.03.2016, 15:14
Newbie
 
Join Date: Mar 2016
Location: Zurich
Posts: 3
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
anbmh has no particular reputation at present
Re: Deposit & Parking

So it is reasonable to charge retroactively for something we hadn't agreed on the price for?

Quote:
View Post
CHF 100/month is perfectly reasonable for parking.

Tom
Reply With Quote
  #8  
Old 11.03.2016, 15:16
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,161
Groaned at 370 Times in 311 Posts
Thanked 14,157 Times in 6,590 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Deposit & Parking

As mentioned a couple of times, go to the Mieterverband/Asloca.


Even a verbal agreement is an agreement. Get help from the MV as my gut feeling says you´ll need it.


Get some expert advice!
Reply With Quote
The following 2 users would like to thank roegner for this useful post:
  #9  
Old 11.03.2016, 15:18
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 31,922
Groaned at 2,392 Times in 1,740 Posts
Thanked 38,871 Times in 18,323 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Deposit & Parking

Quote:
View Post
So it is reasonable to charge retroactively for something we hadn't agreed on the price for?
Yes, unless the price is absurd. But it's not.

Tom
Reply With Quote
  #10  
Old 11.03.2016, 15:19
JagWaugh's Avatar
RIP
 
Join Date: Apr 2009
Location: Eglisau
Posts: 7,249
Groaned at 46 Times in 45 Posts
Thanked 14,131 Times in 5,506 Posts
JagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond repute
Re: Deposit & Parking

Quote:
View Post
So it is reasonable to charge retroactively for something we hadn't agreed on the price for?


Insofar as it is apparently reasonable to park there for a year without proactively determining what it costs, yes.


100/month is indeed pretty cheap.
Reply With Quote
This user would like to thank JagWaugh for this useful post:
Reply

Tags
deposit refund, housing in zürich, legal advice switzerland, rental agreement




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
Parking info & permits in Lausanne asg Transportation/driving 6 17.03.2016 15:31
Parking for residents & guests in Zurich Charlottem Transportation/driving 5 18.06.2015 11:08
Parking & bus fares of Geneva frontaliers? One More Finance/banking/taxation 0 28.02.2015 10:39
URGENT HELP, HUGE DEPOSIT PAID, renter is trying to take the deposit for sublet future321 Housing in general 23 04.12.2011 01:51
Excess nebenkosten & deposit gdaddy Leaving Switzerland 7 11.06.2010 18:03


All times are GMT +2. The time now is 01:05.


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