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Old 23.09.2017, 22:54
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Can my landlord do this? Kind of Rhetorical.

Hey guys, first post here so I'd like to send a kind good evening to every body before the negative landlord talk.

So I rented a studio in Luzern and did all the required cleaning and preparation in moving out. As an intern, getting a cleaning company to do the job was not a feasible demand from my landlord so I did the job thoroughly, knowing the swiss wrath that was to come otherwise.

So me and my boyfriend cleaned and polished and did the handover. My landlord did not give me a moving out statement or signed letter (Auszug ?) to confirm it but I thought nothing of it.

I saw him a few weeks after as he asked to see me so we can clear up the deposit handover. He said he would like 300 from the 2000chf deposit for the cleaning of a couple pillowcases him and his wife claimed to have done. Please note: everything was cleaned before, I took photo proofs after cleaning which shocked him into resorting to a pillowcase excuse.

If I want him to sign the deposit sheet for me to withdraw the amount from the Kautionkonto, I have to hand him over 200 (I negotiated down, for some reason) and then he will sign.

I asked for receipts for anything he had paid and he said he has none, he simply wants an amount from my deposit for the cleaning he had to do. Aka manual labour. This is absurd for a pillow he didn't clean but seemed to use as an excuse to legitimise this odd cash demand?

He said 'I know have no right, as I have not got any bills, but my time is my time'. I feel a little intimidated as this deposit is (to be honest) all I have as a cash backup between salaries as an intern. Moving on to a permanent job now but regardless - this cannot be valid. Does anyone have advice with how to deal with this landlord and bigoted wife (quote: 'We in Switzerland, are clean'). Dear god.

Thanks guys
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Old 23.09.2017, 23:12
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Re: Can my landlord do this? Kind of Rhetorical.

If there was no signed protocol, it's just his word against yours that the flat wasn't cleaned. Civil law 101: he who claims generally carries the burden of proof. He can't prove shit, so you owe him nothing. But don't be stupid and sign nothing now or you will have to pay.

Then, if you don't resolve your dispute nicely and he doesn't give the bank a green light, the bank can hold your money for a year before releasing it to you - on the off chance that the landlord decides to sue for it

Last edited by ivank; 23.09.2017 at 23:26.
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Old 23.09.2017, 23:43
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Re: Can my landlord do this? Kind of Rhetorical.

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If there was no signed protocol, it's just his word against yours that the flat wasn't cleaned. Civil law 101: he who claims generally carries the burden of proof. He can't prove shit, so you owe him nothing. But don't be stupid and sign nothing now or you will have to pay.

Then, if you don't resolve your dispute nicely and he doesn't give the bank a green light, the bank can hold your money for a year before releasing it to you - on the off chance that the landlord decides to sue for it
Go and see ASLOCA (or whatever the rental association is called in Lucerne; google will tell you). It might cost you a bit for advice but worth it. And join for the duration of your time here... then their help should be free.

NB; The bank is only allowed to retain the amount of the deposit that's in theoretical dispute for a year, not the whole thing. If the landlord does nothing then that money will be released at the end of the twelve months.
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Old 24.09.2017, 02:08
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Re: Can my landlord do this? Kind of Rhetorical.

Were these pillowcases available for inspection at the time of the handover? Assuming the landlord could have inspected the linens but didn't then the items were not hidden and he cannot come back now and make a claim about them. Replacing the cases would not even cost hundreds of francs, even if they were very good quality cases.

Not dealing with the deposit at the time of the handover was an error on your part as I am sure you now realize. Now you need to seek help from the tenant's association in Luzern. (Mieterverband). This is not free but should not cost hundreds.
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