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  #21  
Old 12.10.2017, 21:42
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Re: Help needed getting roommate to move out

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Is he paying you rent money? If not, then draw up a formal agreement with the amount of rent you want to be paid. He'll either sign it or get the message and look for his own place.

Did he move because he got a new job in Lausanne? You could point out to him that if he keeps on like this sponging off you and possibly his other friends if he eventually moves in with one of them that he won't have any friends before long.
I was just gonna aks that, LOL, when the last post finally asked the main question.
If he did not pay rent he is a "guest" . Guests can just be sent on their way.
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  #22  
Old 12.10.2017, 22:09
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Re: Help needed getting roommate to move out

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What kind of society we live in? One help someone, then the very same person refuses to move out, taking the help as granted and quickly use this new privilege as rights...
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  #23  
Old 12.10.2017, 22:11
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Re: Help needed getting roommate to move out

the person moved in, signed no contract and pays no rent.
can anybody explain what makes this a sublet?
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  #24  
Old 12.10.2017, 22:28
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Re: Help needed getting roommate to move out

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the person moved in, signed no contract and pays no rent.
can anybody explain what makes this a sublet?
the fact that the person put down roots.

How about this?
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  #25  
Old 12.10.2017, 22:39
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Re: Help needed getting roommate to move out

Time to start decorating the place with extreme S&M gear, and refering to him as 'bitch'.

Tom
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  #26  
Old 12.10.2017, 23:10
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Re: Help needed getting roommate to move out

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Time to start decorating the place with extreme S&M gear, and refering to him as 'bitch'.

Tom
what if he likes it?
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  #27  
Old 04.06.2019, 22:05
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Re: Help needed getting roommate to move out

Hey, I am in a situation where I seriously consider having my flatmate kicked out - if I can. I rent a flat and sublet one room to someone else, only my name is at the lease. This guy moved in just over a month ago and everything was working well, however, lately it seems like he may have some personal issues or whatever. My biggest issue is actually that he for some reason is refusing to lock the balcony door and shut the windows (we live at GF) when he leaves and none of us are home, even if he is away for many hours. My concern is that my insurance won´t cover theft etc. if someone just enters the flat through an open door. I´ve mentioned it to him multiple times, but he just don´t care, probably partly because he appear to own very few valuables.

We did actually never sign a contract, just agree per e-mail before he moved in. First month´s rent was paid but is now running late with his rent payment, which according to the agreement I made could be reason for cancellation on 2 weeks notice.

Does anyone have any idea about how I can proceed with this matter in Zurich? At the moment, I really just want him out before all my belongings are gone. May for instance the lack of regard to prevent someone entering and stealing be reason enough to be considered serious breach of contract? And do anyone have an idea if my insurance would cover theft in such case?
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  #28  
Old 04.06.2019, 22:22
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Re: Help needed getting roommate to move out

Is the room rented out as being furnished or unfurnished?
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  #29  
Old 04.06.2019, 22:24
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Re: Help needed getting roommate to move out

The room is not furnished.
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  #30  
Old 04.06.2019, 23:40
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Re: Help needed getting roommate to move out

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The room is not furnished.

Grow some balls and tell him to F**k off
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  #31  
Old 04.06.2019, 23:43
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Re: Help needed getting roommate to move out

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The room is not furnished.
Bad news for you: Unless you have a judge decide it can be shortened 3 month notice period is the minimum, your two weeks agreement is void.
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  #32  
Old 04.06.2019, 23:55
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Re: Help needed getting roommate to move out

Make friend with some local "Motorbike gang member ".Talk to Tom
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  #33  
Old 05.06.2019, 07:09
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Re: Help needed getting roommate to move out

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Hey, I am in a situation where I seriously consider having my flatmate kicked out - if I can. I rent a flat and sublet one room to someone else, only my name is at the lease. This guy moved in just over a month ago and everything was working well, however, lately it seems like he may have some personal issues or whatever. My biggest issue is actually that he for some reason is refusing to lock the balcony door and shut the windows (we live at GF) when he leaves and none of us are home, even if he is away for many hours. My concern is that my insurance won´t cover theft etc. if someone just enters the flat through an open door. I´ve mentioned it to him multiple times, but he just don´t care, probably partly because he appear to own very few valuables.

We did actually never sign a contract, just agree per e-mail before he moved in. First month´s rent was paid but is now running late with his rent payment, which according to the agreement I made could be reason for cancellation on 2 weeks notice.

Does anyone have any idea about how I can proceed with this matter in Zurich? At the moment, I really just want him out before all my belongings are gone. May for instance the lack of regard to prevent someone entering and stealing be reason enough to be considered serious breach of contract? And do anyone have an idea if my insurance would cover theft in such case?

Throw his belongings on the street. So simple but you make it complicated! And call the police if he makes a problem
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  #34  
Old 05.06.2019, 08:05
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Re: Help needed getting roommate to move out

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What kind of society we live in? One help someone, then the very same person refuses to move out, taking the help as granted and quickly use this new privilege as rights...

I wish I lived in the 70's, one would have sorted that problem easily, a friendly grab by the collar, along with a forward push with the sole, problem sorted, everything back in acceptable locations.
Ahh! The good old Gene Hunt School of getting Things sorted.
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  #35  
Old 05.06.2019, 08:54
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Re: Help needed getting roommate to move out

Regarding the lack of regard for security, can you lock the internal doors to the flat (i.e. kitchen, bathroom, your bedroom)? Lock them on the way out to work and take the keys with you. Until he learns to lock the external access to the apartment, the internal doors stay locked when you're not around.

Last edited by Sandgrounder; 05.06.2019 at 10:07.
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  #36  
Old 05.06.2019, 10:00
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Re: Help needed getting roommate to move out

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We did actually never sign a contract, just agree per e-mail before he moved in. First month´s rent was paid but is now running late with his rent payment, which according to the agreement I made could be reason for cancellation on 2 weeks notice.
There is no need to actually sign a paper contract to have an actual binding contract. Based on what you have said there is a rental contract.

In Switzerland contracts are regulated by the Code of Obligations. https://www.admin.ch/opc/en/classifi...009/index.html

It defines default clauses in case something is not handled in the actual contract and also set mandatory clauses for certain contracts which you cannot overrule. This is in particular the case for leases and specifically for leases of living space (apartments, houses, non-furnished rooms).
Please have a look starting at Art. 253 https://www.admin.ch/opc/en/classifi...ndex.html#a253 (the link points to the unofficial English translation by the Swiss Government).

As EdwinNL says, the minimum cancellation period for a non-furnished room is 3 months. Your contract can not overrule that. If you cancel the contract and the other party leaves earlier according your contract call your self happy and lucky. If they make a fuss be aware that you are stuck with them for at least another three months.

The best you can do is to write and post the "house rules" on the front door: "During absence all windows and doors must be locked." Once the other party fails to do so you send them a letter with registered post informing them about the breach of the house rules. If they are in delay with payment you send them a letter with registered post that they are over due with the rent. If not paid immediately start the poursuit/Betreibung process.
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  #37  
Old 05.06.2019, 12:53
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Re: Help needed getting roommate to move out

Also there are regulations on how to cancel such contract, use the proper forms or else it is void, also use the proper dates else it will automatically shift towards the first possible date, unless the contract specifies when cancellation is possible you are facing the dates of the kanton, so 30th of September is the first option for you and if you miss that than the 31st of March is the next possible option.
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  #38  
Old 05.06.2019, 12:59
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Re: Help needed getting roommate to move out

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If not paid immediately start the poursuit/Betreibung process.
There is a minimum period of 30 days to be allowed.

Good news however is that if not paid within those 30 days he can cancel the contract at the end of every month but with a minimum of 30 days.

Unless he is certain he has the knowledge to handle all of this correctly he might seek legal advice to do everything according the rulings.
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  #39  
Old 05.06.2019, 13:20
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Re: Help needed getting roommate to move out

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There is a minimum period of 30 days to be allowed.
Point me to the law where it says so
AFAIK if a payment is due and not paid you can start Poursuit/Betreibung right away.

Here the white guys:
https://www.mieterverband.ch/mv/miet...etreibung.html

and here the dark side:
https://www.hev-zuerich.ch/faq/was-m...nicht-bezahlt/
on the topic.

Note: I am only talking about the Poursuit/Betreibung part. Not about canceling of contract because rent was not paid.
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  #40  
Old 05.06.2019, 13:31
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Re: Help needed getting roommate to move out

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Point me to the law where it says so
AFAIK if a payment is due and not paid you can start Poursuit/Betreibung right away.

Here the white guys:
https://www.mieterverband.ch/mv/miet...etreibung.html

and here the dark side:
https://www.hev-zuerich.ch/faq/was-m...nicht-bezahlt/
on the topic.

Note: I am only talking about the Poursuit/Betreibung part. Not about canceling of contract because rent was not paid.
You are fully correct, I failed to mention clearly that I was talking about cancelling the contract.
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