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  #21  
Old 06.03.2017, 16:00
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Re: Moving Out Damage to Pay for?

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Are you blind? This is at the very top of your link:

"Personal liability insurance: Liability insurance is not mandatory"

I rest my case
Irrelevant, as it is over-ridden lower down.
The devil is in the details, not the headline.

And landlords still ask for it. Ergo, it is de facto mandatory.

Lordy, people have to be correct instead of helpful, eh?
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  #22  
Old 06.03.2017, 16:01
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Re: Moving Out Damage to Pay for?

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Are you blind? This is at the very top of your link:

"Personal liability insurance: Liability insurance is not mandatory"

I rest my case


No shit. Household insurance would only cover damage to your tenant's belongings, not your apartment. You need to insist that tenant gets a *liability* insurance.
My mistake, i meant to write "liability" not "household", although i believe you knew this anyway
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  #23  
Old 06.03.2017, 16:07
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Re: Moving Out Damage to Pay for?

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"It should be noted that proof of liability insurance is required for renting an apartment".
Call me cynical - but the link from ch.ch is to the obviously un-biased Swiss Insurance Association, where to my deep surprise they say:

"Everybody needs personal liability insurance, even though it may not be obligatory."



Normally I'd count ch.ch as a good source, but they seem to be a bit untrustworthy here - not that they're wrong, just that I don't trust this page as a reliable source.
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  #24  
Old 06.03.2017, 16:14
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Re: Moving Out Damage to Pay for?

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And landlords still ask for it. Ergo, it is de facto mandatory.
You just had the wrong kind of landlords. None of mine asked for it. One of them was a even big bank.
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Old 06.03.2017, 16:15
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Re: Moving Out Damage to Pay for?

From your link: "Liability insurance is not mandatory."

Over the years I have rented several places in both ZH and TI without having liability or household insurance, nor has it ever been requested.

Tom
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Old 06.03.2017, 16:20
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Re: Moving Out Damage to Pay for?

I've rented one place, and they did require it.

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Der Mieter verpflichtet sich, zur Deckung der durch ihn verursachten Schäden am Mietobjekt eine Haftpflichtversicherung abzuschliessen.
So basically, YMMV, read the contract.
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  #27  
Old 06.03.2017, 16:49
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Re: Moving Out Damage to Pay for?

The thing with this clause is that if you put it into the contract, for it to be effective, you need to control every year that the tenant still keeps the insurance. Otherwise it doesn't matter - if he forgets to extend insurance and causes a big damages, he'll have to pay everything out of his pocket anyway, risking to go over the bank. You can't insure damage after the fact, that'd be fraud.
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Old 06.03.2017, 17:01
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Re: Moving Out Damage to Pay for?

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The thing with this clause is that if you put it into the contract, for it to be effective, you need to control every year that the tenant still keeps the insurance. Otherwise it doesn't matter - if he forgets to extend insurance and causes a big damages, he'll have to pay everything out of his pocket anyway, risking to go over the bank. You can't insure damage after the fact, that'd be fraud.
Unless they want to use it as an excuse to kick you out, that normally being pretty difficult here.

So you're insuring liability and your contract adherence.

Interestingly my contract didn't say anything about proving it, and the Swiss tend to be very private about financial matters. Not sure what would have stopped me just saying "yes, I have insurance, and my contract is private".
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  #29  
Old 25.05.2017, 23:19
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Re: Moving Out Damage to Pay for?

Hi there,

I need some advice regarding the damage on the parket made by the Ikea in the floor when they assembled the furniture.Ikea claims is not resposible and the landlord wants me to pay for the damage, the floor has not been changed in the past 10-15 years, and the damage is minimun. I heard that in buildings older 10-15 years landlors are responsible for the upgrade and reparations.Is this right? Can someone provide aphone number where I can call for advise?thanks for your feedback
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Old 25.05.2017, 23:20
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Re: Moving Out Damage to Pay for?

Hi there,

I need some advice regarding the damage on the parket made by the Ikea in the floor when they assembled the furniture.Ikea claims is not resposible and the landlord wants me to pay for the damage, the floor has not been changed in the past 10-15 years, and the damage is minimun. I heard that in buildings older 10-15 years landlors are responsible for the upgrade and reparations.Is this right? Can someone provide aphone number where I can call for advise?thanks for your feedback. I am based in Switzerland btw
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  #31  
Old 25.05.2017, 23:47
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Re: Moving Out Damage to Pay for?

Technically IKEA did not damage the floor, it was their sub contractor, and you should make a claim with them.

Even though the floor is worthless, the landlord can still demand a repair.

Maybe you should spend CHF 75 and buy one year membership of the Mietervervand or ASLOCA.

https://www.google.co.uk/?gws_rd=ssl#q=mieterverband

https://www.google.co.uk/?gws_rd=ssl#q=ASLOCA
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  #32  
Old 26.05.2017, 00:44
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Re: Moving Out Damage to Pay for?

I understand, but I paid Ikea not the subcontractor, now the subcontractor does not want to pay for the damage as they say they did not do it even though I have an email from them apologising for the damage caused for the employees.
I even called a lawyer and with email I can legallt sue them.
Btw they are called Sieber, this people did hit the floor, as I was outside I could heard the noise.
I will certainly call this org tomorrow. Thanks for the info.
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  #33  
Old 26.05.2017, 01:06
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Re: Moving Out Damage to Pay for?

You should send a letter to Sieber, and define the problem, they damaged the floor and you need them to hire a carpenter to repair the parquet.

Write them that you give them 14 days to start the repair. You can print out their e-mail and enclose copy in the envelope.

Send this by registered letter "Eingeschrieben" to Sieber. Do not use e-mail any more, it is better to write letters.

If they don't reply within 2 weeks, go to the Court with all the information you have, and all copies, and tell them you need help.
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  #34  
Old 26.05.2017, 01:12
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Re: Moving Out Damage to Pay for?

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I heard that in buildings older 10-15 years landlors are responsible for the upgrade and reparations.Is this right?
Depends on circumstances. Parquet is expected to last some 30-40 years, not 15, so you're on the hook for damages.

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Can someone provide aphone number where I can call for advise?thanks for your feedback. I am based in Switzerland btw
Your liability insurance, or if you have none - http://www.mieterverband.ch

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Technically IKEA did not damage the floor, it was their sub contractor, and you should make a claim with them.
Main contractor is normally liable for damages done by its subcontractors - Art. 101 OR, so it should be ok to go after IKEA directly. Unless there's something against that in the contract, this law is dispositive
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  #35  
Old 26.05.2017, 16:33
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Re: Moving Out Damage to Pay for?

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You should send a letter to Sieber, and define the problem, they damaged the floor and you need them to hire a carpenter to repair the parquet.

Write them that you give them 14 days to start the repair. You can print out their e-mail and enclose copy in the envelope.

Send this by registered letter "Eingeschrieben" to Sieber. Do not use e-mail any more, it is better to write letters.

If they don't reply within 2 weeks, go to the Court with all the information you have, and all copies, and tell them you need help.
I understand, but to do so I need a lawyer, can anyone help in this , without paying a fortune? Their insurance company decided not to pay without even contacting me as I am the one to prove they did the damage.
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  #36  
Old 26.05.2017, 17:06
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Re: Moving Out Damage to Pay for?

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I understand, but to do so I need a lawyer.
Why a lawyer? Can you not write? Then you need a writer.
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  #37  
Old 26.05.2017, 17:21
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Re: Moving Out Damage to Pay for?

Yes, I have spoken with my company legal services and they say Ikea is responsible as I paid them,and to go to court I certainly need a lawyer. To write the letter, most probably as well a legal writter. Can someone help in this for a fair price?tx
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  #38  
Old 26.05.2017, 17:31
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Re: Moving Out Damage to Pay for?

Lawyers are expensive and there is no guarantee of the result or that you'll get compensated enough in the court even if you win to cover their fees. Court may find the damage minimal and not award you much compensation.

Best look at minimizing your own damage, assuming IKEA won't pay up. Ideally, just let your liability insurance handle it if you have one. A scratch on the parquet shouldn't cost much to fix. Landlord has no right to demand you to pay for a whole new parquet in the room, that's totally out of proportion. Even if damage is that bad, you're only responsible for a part of replacement costs, depending on its age - the landlord bears amortization of its value during its lifetime.

If it's a good quality parquet, not some cheap shitty laminate, it should be possible to fix everything and give the apartment a whole new shine by sanding it, which should be done fairly regularly every so many years, and so this can be potentially fully on the landlord. Minor scratches can be considered normal wear and tear that you don't have to pay for. Talk to Mieterverband for advice, it's cheaper than lawyers.

Last edited by ivank; 26.05.2017 at 17:47.
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  #39  
Old 26.05.2017, 18:20
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Re: Moving Out Damage to Pay for?

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to go to court I certainly need a lawyer.
Why certainly This is an honest question, why do you think you NEED a lawyer?
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