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Old 04.09.2017, 13:17
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Is it legal for landlord to charge rental after unsuccessful handover?

Hi,
We have finished our lease contract and had a handover where the landlord was unhappy with a lot of things in the apartment and didn't accept it. They are charging us rental until all the fixes are done in the apartment, until they are satisfied with the condition. Is this even legal? I accept that we have to pay for some repairs, but paying rental for an empty apartment after the lease period is finishes seems like a rip off.
Did anyone have experience with something like this?
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Old 04.09.2017, 13:40
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

Hi, simply put they do not have the right to charge you rent after the end of your lease period.
In the case of damage needing repaired, they have your security deposit at their disposal to cover any costs for repairs.
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Old 04.09.2017, 13:42
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

see it from the landlord's side: he can't rent out the apartment because you didn't do the handover well.
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Old 04.09.2017, 13:46
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

Get in touch with the Mieterverband in Zurich today.

How did you end your lease/contract? Did you do so in writing with registered mail? Have you got the receipt? How are you communicating with your LL, telephone conversation or email/in writing?
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Old 04.09.2017, 13:49
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

I'd say it depends on what has to be done (morally, not legally), also a landlord should in my opinion calculate a little time in between two rentals to fix/paint whatever needs to be done. We moved in at the same day the others moved out landlord warned us right away that this was no problem but that we would have to accept that painter, floorguy, electrician and plumber would all pass by to do things.
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Old 04.09.2017, 13:52
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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Hi,
We have finished our lease contract and had a handover where the landlord was unhappy with a lot of things in the apartment and didn't accept it. They are charging us rental until all the fixes are done in the apartment, until they are satisfied with the condition. Is this even legal? I accept that we have to pay for some repairs, but paying rental for an empty apartment after the lease period is finishes seems like a rip off.
Did anyone have experience with something like this?
A landlord can't charge rent when a contract has legally expired and you no longer live there. All that is left is for a landlord to make the necessary repairs, provide you with an invoice, and then take it from the your deposit. There is usually (always?) a 1 month break anyway between when someone moves out and when someone moves in, and this is used for them to re-paint the walls and fix any damage etc.

The question is, why didn't you get a professional to clean your apartment with a handover guarantee so you could avoid this mess in the first place?

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see it from the landlord's side: he can't rent out the apartment because you didn't do the handover well.
Why do you even bother to post something so utterly useless in answering the thread topic? The question is can the landlord legally charge him rent outside of his contract.
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Old 04.09.2017, 13:52
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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They are charging us rental until all the fixes are done in the apartment, until they are satisfied with the condition. Is this even legal?
Maybe. They for sure can charge but do you have to pay? If the apartment is in a state where it can not be rented out then you may lose in court and have to pay. But it also depends if there is an actual loss in rent revenue or the landlord has willfully not rented out the apartment.
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Old 04.09.2017, 13:55
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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I'd say it depends on what has to be done (morally, not legally), also a landlord should in my opinion calculate a little time in between two rentals to fix/paint whatever needs to be done. We moved in at the same day the others moved out landlord warned us right away that this was no problem but that we would have to accept that painter, floorguy, electrician and plumber would all pass by to do things.
No, absolutely not. The LL has the deposit for this purpose. Contracts are written and signed for a reason.

This depends on the OP and if he/she ended the contract correctly. This is the only reason that I can think of as to why the LL is continuing to take rent
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Old 04.09.2017, 13:55
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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There is usually (always?) a 1 month break anyway
Usually yes, not always.
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Old 04.09.2017, 13:56
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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see it from the landlord's side: he can't rent out the apartment because you didn't do the handover well.
and what does that have to do with the legal rights and wrongs of the OPs question? Stick to the subject.
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Old 04.09.2017, 13:56
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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Maybe. They for sure can charge but do you have to pay? If the apartment is in a state where it can not be rented out then you may lose in court and have to pay. But it also depends if there is an actual loss in rent revenue or the landlord has willfully not rented out the apartment.
If the apartment is rented from 1st September (I assume this is the date it applies to), the other question is whether the new tenant is paying from that date, so effectively he is receiving double.

Given that the "official" moving date is usually 30th Sept / 1st Oct, maybe the landlord is taking the piss and trying to squeeze out an extra month's rental while it would otherwise be lying empty?
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Old 04.09.2017, 14:03
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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No, absolutely not. The LL has the deposit for this purpose. Contracts are written and signed for a reason.

This depends on the OP and if he/she ended the contract correctly. This is the only reason that I can think of as to why the LL is continuing to take rent
I already said in the same sentence that such is not legal.

And the deposit is not for rent, but only for replacement/fixing/cleaning and such.

Maybe you want to read my posting again.

And perhaps read the first post again also, since it states the reason why the landlord wants to charge rent, which is a different one than the only reason you can think of.
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Old 04.09.2017, 14:06
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

I think there's a clear distinction here.

* Can they charge you rent after your contract is cancelled in a valid manner - no.

* Can they charge you costs / damages for breaching the handover part of the contract - yes, they can try and claim the costs from you for this, it's a contract the same as any other.

So as with any claim, they must put it in writing, provide evidence of the damage and costs, and a deadline for payment etc.

Who is doing the fixes? This also needs to be clear, and you should check the lease contract - do you have to / can you do it (which may be better, since you will do it quickly and without excess cost), or does /can the landlord (who may have no incentive to do it quickly).

Also photograph _everything_ if you go to the property, and do _everything_ in writing as evidence.
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Old 04.09.2017, 14:11
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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Hi,
We have finished our lease contract and had a handover where the landlord was unhappy with a lot of things in the apartment and didn't accept it. They are charging us rental until all the fixes are done in the apartment, until they are satisfied with the condition. Is this even legal? I accept that we have to pay for some repairs, but paying rental for an empty apartment after the lease period is finishes seems like a rip off.
Did anyone have experience with something like this?


Have had many handovers (lease end inspections) where the landlord was not happy. Have also had handovers (lease start inspections) where the new tenants were not happy.


If the rental contract has been concluded, as per the lease termination date, rent cannot be charged. Just giving back the keys does not mean your rental obligation has finished.


The costs of the repairs to be carried out are not always 100% to the cost of the tenant, but as a tenant you should have insurance which will hopefully cover the costs of the repairs if you caused the damage.


As has been suggested, you should obtain assistance from the Mieterverband.
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Old 04.09.2017, 15:47
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

The lease was ended correctly in writing at the end of lease period, so according to contract we shouldn't pay any more.

The landlord haven't found the new tenants yet. He only had two visits in the last 3 months since we gave notice so he's probably pretty pissed.

The apartment was professionally cleaned, however the landlord still found few issues and until the cleaners could come back and fix it, he charged us another week.

The landlord found few more fixes that need to be done, we're fine to cover the cost with insurance, however my worry is that he will keep on charging us until the fixes are done. This depends hugely on availability of contractors that he asked us to contact ourselves and arrange everything ourselves. Like slightly broken window shutters, bathroom cabinet, wasp nest.
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Old 04.09.2017, 15:49
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

If the contract is over you do not need to pay any further rent after the last full month is paid.
All of these other costs need to be dealt with separately, they have nothing to do with the rent.
The deposit is there for this reason.
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Old 04.09.2017, 15:49
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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Get in touch with the Mieterverband in Zurich today.

How did you end your lease/contract? Did you do so in writing with registered mail? Have you got the receipt? How are you communicating with your LL, telephone conversation or email/in writing?
We communicate via email and have end of lease notification in writing (email). Are we in trouble?
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Old 04.09.2017, 15:53
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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Maybe. They for sure can charge but do you have to pay? If the apartment is in a state where it can not be rented out then you may lose in court and have to pay. But it also depends if there is an actual loss in rent revenue or the landlord has willfully not rented out the apartment.
Thanks for the response. Apartment is clean with few minor *crazy* issues the landlord noticed:

- shutter closing down with a "strange" sound
- water is not coming out "round" from the tap
- tiny spots on the tiles on the floor that I couldn't even see
- a cigarette in the garden (we live on the ground floor of 5 storey building) and don't smoke

And few other minor things easy to fix.

They don't have potential tenants waiting to move in and they did few visits while we lived there, unsuccessful.
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Old 04.09.2017, 15:55
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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The lease was ended correctly in writing at the end of lease period, so according to contract we shouldn't pay any more.

The landlord haven't found the new tenants yet. He only had two visits in the last 3 months since we gave notice so he's probably pretty pissed.

The apartment was professionally cleaned, however the landlord still found few issues and until the cleaners could come back and fix it, he charged us another week.

The landlord found few more fixes that need to be done, we're fine to cover the cost with insurance, however my worry is that he will keep on charging us until the fixes are done. This depends hugely on availability of contractors that he asked us to contact ourselves and arrange everything ourselves. Like slightly broken window shutters, bathroom cabinet, wasp nest.
He cannot keep charging you for rent past the date the contract finishes, so if you already paid extra then you have done so in error and should not any more requests for additional rent.

It sounds like he is now trying to play you with all of these silly and unprovable "minor faults" he is finding, so you should now hand this over to your home insurance company for them to deal with him and explain the situation to them. Also you can call the Mieterverband for advice as someone else also suggested.

You now have the info you need to deal with the issue, so let us know how it goes.
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Old 04.09.2017, 15:55
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Re: Is it legal for landlord to charge rental after unsuccessful handover?

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The lease was ended correctly in writing at the end of lease period, so according to contract we shouldn't pay any more.

The landlord haven't found the new tenants yet. He only had two visits in the last 3 months since we gave notice so he's probably pretty pissed.

The apartment was professionally cleaned, however the landlord still found few issues and until the cleaners could come back and fix it, he charged us another week.

The landlord found few more fixes that need to be done, we're fine to cover the cost with insurance, however my worry is that he will keep on charging us until the fixes are done. This depends hugely on availability of contractors that he asked us to contact ourselves and arrange everything ourselves. Like slightly broken window shutters, bathroom cabinet, wasp nest.
I would let him know that you are working on fixing the repairs as agreed but you are querying the extra rental payments with the Mieterverband.

Taking the extra rent sounds very odd and I'm pretty sure it's not allowed. For one thing you no longer have an active contract with him so you are under no obligation, contractually, to pay rent.

I'm sure he knows this and is just trying it on and if you mention you are seeking professional help he may back down.
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