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Old 05.04.2017, 00:36
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New Apartment/Living 2 but one name on contract

Hello

Im not sure if this has been here already but i would like to ask, so finally myself and my fiance got a flat 2.5 pieces good price, but here is what i would like to know, as we arrived to Switzerland she is the one who has work permit B and all the paperwork at the moment we living with her parents but moving in 15th of may, would like to ask when she apply for the flat she only fill paperwork on her name she didnt even mention my name, few days later phone call boom we(she) got the flat, would like to ask, do we get in to any trouble dont let the agency know that i will also live with her, i only have part time job and 90 days permit and also study french, many thanks for advice
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Old 05.04.2017, 00:38
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Re: New Apartment/Living 2 but one name on contract

If you don't let them know, they can kick her out if they find out. And they *can* find out when you try to register as a resident, put your name on the mailbox or from noisy neighbors.

However unless the contract explicitly says the apartment's meant for 1 person, there should be no problem to add you as a second tenant or as a subtenant, just let them know.
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Old 05.04.2017, 00:42
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Re: New Apartment/Living 2 but one name on contract

should we let them know before we move in, i only have 90 days permit (but i can extend) so im kinda worried that they will take the flat back, 90 days will be 8th of may so im going to register to resident office,
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Old 05.04.2017, 00:45
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Re: New Apartment/Living 2 but one name on contract

like you said, on the contract say only her name
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Old 05.04.2017, 00:55
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Re: New Apartment/Living 2 but one name on contract

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like you said, on the contract say only her name
It's perfectly normal and very common, she can be the only party on the contract, pay the rent, and you can be her subletter, pay your part to her. She should let the landlord know in advance still.
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Old 05.04.2017, 00:57
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Re: New Apartment/Living 2 but one name on contract

its a agency and we have received all paper and etc to pay deposit 3 months and 2 months rent advice,
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Old 05.04.2017, 01:07
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Re: New Apartment/Living 2 but one name on contract

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its a agency and we have received all paper and etc to pay deposit 3 months and 2 months rent advice,
3 months deposit and 1 months rent in advance at the beginning of the month are pretty common conditions. Demanding 2 months rent in advance I would think is not so illegal, it's like an extra month of deposit, and landlords are not allowed to ask for more than 3 - Art 257e OR. You can try to ask them to correct that bit, if you care.

I don't see how this is relevant to your original question though. If you move in, the conditions will still stay the same. At most, if the original contract said it was for 1 person, maybe they'll want to raise Nebenkosten a bit now that there would be two persons living instead of one and hence they could expect you'd use more water for example.
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Old 05.04.2017, 01:15
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Re: New Apartment/Living 2 but one name on contract

sorry my mistake, all i would like to know is if i can live with her but contract is only on her name, and should we let the agency know that i just moved in lets say one month later, im going to register 8th of may but moving day is 15th of May,
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Old 05.04.2017, 01:25
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Re: New Apartment/Living 2 but one name on contract

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sorry my mistake, all i would like to know is if i can live with her but contract is only on her name
Yes, you'd be a subletter then which is perfectly ok and common. You must ask them for permission in advance before you move in, but they can't normally refuse it, except in very few situations.

Most important one is if they explicitly limited the maximum number of persons in a contract, then to have a second person you'd need a new contract and they might want to raise the rent in it to compensate for example for increased water usage, etc.

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and should we let the agency know that i just moved in lets say one month later, im going to register 8th of may but moving day is 15th of May,
If you live there for a very short time without registering and telling them, I would think that should be ok, just a friend's visiting. If you register before you have their permission, she'd be provably in violation of contract and in the worst case they can kick her out on that ground
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Old 05.04.2017, 01:36
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Re: New Apartment/Living 2 but one name on contract

How difficult is it to read a contract?
On the contract it states for how many person the apartment is. If the maximum permitted occupancy per contract is just one person than you have to renegotiate.

If the maximum permitted occupancy is two or larger, than your girlfriend as just to inform the agency before you move in.

You do not have to be named on the contract. If you are not named than this means you are not liable for rent and as a the main tenant your girlfriend can kick you out in case of disputes and arguments.
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