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Old 31.10.2016, 09:52
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Mietkaution statement in a rental contract

I have tried to search for such topic, but failed – does the rental contract has to explicitly state that for deposit purposes Mietkaution will be used (i.e. SwissCaution)? The thing is, that landlord insists that the section about deposit of 2 months shall remain in a contract, and then we will sort it out directly with Mietkaution company. How does it usually work? Many thanks in advance!
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Old 31.10.2016, 10:02
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Re: Mietkaution statement in a rental contract

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I have tried to search for such topic, but failed – does the rental contract has to explicitly state that for deposit purposes Mietkaution will be used (i.e. SwissCaution)? The thing is, that landlord insists that the section about deposit of 2 months shall remain in a contract, and then we will sort it out directly with Mietkaution company. How does it usually work? Many thanks in advance!
My personal expereince is that a so called Mietkaution account is set up with an Independent concern. This is usually a bank and just about every bank offers one. Usually one sets aside 1 - 2 months rent that just sits there collecting hopefully more interest then the yearly fee charge.
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Old 31.10.2016, 10:46
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Re: Mietkaution statement in a rental contract

Thanks for a reply, but perhaps I was not entirely clear in my question: I know how the deposit at bank works, and this is actually what is stated in current agreement. My question is related to the option, when you use rental guarantee from one of the special companies (i.e. SwissCaution) or insurance companies (i.e. Helvetia, Zurich, etc.), instead of usual deposit account in one of the banks. Does this option have to be somehow specially described in a rental contract?
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Old 31.10.2016, 11:02
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Re: Mietkaution statement in a rental contract

I doubt the contract says anything about a bank account. It most likely just specify the amount of the collateral. Thus there is no need to specify the procedure (bank account or caution provider) more detailed.

PS: Read the terms and conditions of your caution provider and understand them. Most of them give the landlord more access to the money then a bank account would. Also in the end you are fully liable for any amount paid out to the landlord.
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Old 31.10.2016, 11:13
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Re: Mietkaution statement in a rental contract

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Thanks for a reply, but perhaps I was not entirely clear in my question: I know how the deposit at bank works, and this is actually what is stated in current agreement. My question is related to the option, when you use rental guarantee from one of the special companies (i.e. SwissCaution) or insurance companies (i.e. Helvetia, Zurich, etc.), instead of usual deposit account in one of the banks. Does this option have to be somehow specially described in a rental contract?
Never seen such in any of my rental Agreements. However, the Mieterverband should know best.
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Old 31.10.2016, 11:32
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Re: Mietkaution statement in a rental contract

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I doubt the contract says anything about a bank account. It most likely just specify the amount of the collateral. Thus there is no need to specify the procedure (bank account or caution provider) more detailed.
Well, that is exactly what contract says now - deposit amount to be paid until certain deadline to deposit type of account in a predefined bank. While verbally, and by email, they agree to mietkaution. Hence my question....
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Old 31.10.2016, 12:55
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Re: Mietkaution statement in a rental contract

The landlord usually doesn't care whether it's bank account or insurance. But the tenant should...
Insurance type is more expensive as you pay for insurance and you still have to pay for any damages when you leave.

If you simply can't afford bank account type you could ask the landlord to confirm in writing (one sentence by e-mail..) that they are ok with SwissCaution. Then you are on the safe side.

"Ich möchte für die Mietkaution SwissCaution benutzen. Würden Sie mir bitte kurz bestätigen, dass Sie damit einverstanden sind? Vielen Dank!"
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Old 31.10.2016, 13:01
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Re: Mietkaution statement in a rental contract

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My question is related to the option, when you use rental guarantee from one of the special companies (i.e. SwissCaution) or insurance companies (i.e. Helvetia, Zurich, etc.), instead of usual deposit account in one of the banks. Does this option have to be somehow specially described in a rental contract?
The option doesn't have to be specially described in a rental contract but some landlords choose not to accept a rental guarantee from a company like SwissCaution. You can ask the landlord if they are willing to accept this. If not then you need to used the "traditional" rental deposit method.
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Old 31.10.2016, 13:02
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Re: Mietkaution statement in a rental contract

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Well, that is exactly what contract says now - deposit amount to be paid until certain deadline to deposit type of account in a predefined bank. While verbally, and by email, they agree to mietkaution. Hence my question....
Did you try to have landlord agree to you changing the contract? A form may come with a cost so s/he may be reluctant to use another one. Personally I wouldn't be satisfied with a separate (e)mail confirming it's Ok to use some kind of insurance.
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Old 31.10.2016, 13:37
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Re: Mietkaution statement in a rental contract

Maybe you can show or write the actuall text for us?
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Old 31.10.2016, 22:21
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Re: Mietkaution statement in a rental contract

Thanks a lot for all responses. Just in summary - yes, the landlord agreed both verbally and by email that they are OK with any company of Mietkaution. It is only that in a contract, there is a statement as I wrote before regarding deposit account and money transfer, which they are not willing to change for whatever reason (and yes, we did ask for that). So I presume, email confirmation might be some sort of "safety switch" in a worst case scenario, but taking current market situation rental contracts are "take it or leave it".
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Old 31.10.2016, 23:48
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Re: Mietkaution statement in a rental contract

I would not be worried about the contract wording because this gives you the right to change from deposit insurance to a rental deposit account at a bank if you wish to in the future.
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