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Old 12.10.2017, 16:46
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Help needed getting roommate to move out

A friend of mine was moving from Zermatt to Lausanne, and needed a place to stay while he was sorting out his permit renewal and getting a flat. I said he could stay in my second bedroom for a month or two. He brought me a form from Controle des Habitants that I signed saying he is staying at my flat, so that his permit could be sent here when it was renewed. He now has a permit.

The problem is that it has been 6 months and he is still here. I have asked him to leave, we have argued that he has not gotten a flat (despite now being able to), and he now says he does not have to leave because I signed that paper when he registered with Controle des Habitants.

Does anyone have advice? He is not on the lease/contract for the flat, but he will not leave. Can I revoke that form with Controle des Habitants? How do I 'evict' someone from my flat? He refuses to leave.

Thanks,
Jim

Last edited by JimAcierno; 12.10.2017 at 17:55.
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Old 12.10.2017, 16:49
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Re: Help needed getting roommate to move out

ohh, tough situation. You should move out. it is his flat now.
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Old 12.10.2017, 16:56
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Re: Help needed getting roommate to move out

Legally it probably qualifies as a sublet of a furnished room. By law it's cancellable per end of any month with 2 weeks notice, send a registered letter or serve the notice him yourself and get a signature with date. If he doesn't comply you'll need to involve a judge and a police to force him to move out
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Old 12.10.2017, 16:57
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Re: Help needed getting roommate to move out

Short of putting all his stuff out on the street and having the locks changed (expensive and probably impractical) I think your only option is to give notice to the landlord and move out.

You could join Asloca (renters' association) to see if they can give you any tips and what you can do within the confines of the law.

Good luck! He sounds like a nightmare.
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Old 12.10.2017, 17:00
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Re: Help needed getting roommate to move out

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Short of putting all his stuff out on the street and having the locks changed
I wouldn't advise to try this, you'd likely be committing a crime yourself then. Stay was authorized, you need to kick him out in a legal way now
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Old 12.10.2017, 17:02
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Re: Help needed getting roommate to move out

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.
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Old 12.10.2017, 17:05
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Re: Help needed getting roommate to move out

I suspect ivank is right. Having said that, an idea of what was on the form would be helpful. Did you perhaps keep a copy?
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Old 12.10.2017, 17:09
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Re: Help needed getting roommate to move out

I would also say it is a "sublet". The 2 weeks to the end of the month only apply in case the room you provided was furnished.

I strongly suggest to use registered mail. You will have to use the official cancelation forms provided by your canton otherwise it is void.

For Vaud https://www.vd.ch/themes/vie-privee/...s-officielles/
you can get it from the CVI
http://www.cvi.ch/pulications-formul...tion-2011.html

PS: You have to act fast. Two weeks before end of the month is next tuesday. If you send it by registered post it has to be ready for pickup on that day, which means first delivery date should be Monday, which in means you must post it Saturday latest. Even better would be tommorrow.
It may be possible to get the form from the CVI Office in Lausanne http://www.cvi.ch/contact.html
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Old 12.10.2017, 17:16
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Re: Help needed getting roommate to move out

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I strongly suggest to use registered mail.
I can imagine the OP writing the mail, then preparing the letter...address....

My own address... (room 2 on the left)

Should he even put a stamp on it?

LOL, we are really living in an absurd society.


PS: I know, evidence, blabla, so best to invest 6.30chf for a registered letter sent to...your own address.
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Old 12.10.2017, 17:19
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Re: Help needed getting roommate to move out

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I would also say it is a "sublet". The 2 weeks to the end of the month only apply in case the room you provided was furnished.

I strongly suggest to use registered mail. You will have to use the official cancelation forms provided by your canton otherwise it is void.

For Vaud https://www.vd.ch/themes/vie-privee/...s-officielles/
you can get it from the CVI
http://www.cvi.ch/pulications-formul...tion-2011.html

PS: You have to act fast. Two weeks before end of the month is next tuesday. If you send it by registered post it has to be ready for pickup on that day, which means first delivery date should be Monday, which in means you must post it Saturday latest. Even better would be tommorrow.
It may be possible to get the form from the CVI Office in Lausanne http://www.cvi.ch/contact.html
^^ This assumes that the sublet contract was verbal and thus the default conditions apply.

If the paper which OP signed and the guy took to the Controle des Habitants/Einwohneramt was merely a straight-up confirmation that "yes, X currently lives at this address" then that's fine. If on the other hand the mystery paper was a written sublet contract, then the conditions written there would matter as well.

OP, do you read French well enough to know which it was? or (even better) did you keep a copy of the document yourself?
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Old 12.10.2017, 17:20
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Re: Help needed getting roommate to move out

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PS: You have to act fast. Two weeks before end of the month is next tuesday. If you send it by registered post it has to be ready for pickup on that day, which means first delivery date should be Monday, which in means you must post it Saturday latest. Even better would be tommorrow.
It may be possible to get the form from the CVI Office in Lausanne http://www.cvi.ch/contact.html
Move fast and clever.

Which means taking photographic evidence of the state of the entire property, as well as complete list of items (personal, or from the property).
As well as locking up valuables or moving them temporarily outside of the property (friend, etc...).

As soon as someone who got helped is behaving like that, there is no trust anymore and possibly numerous dangers.

Might as well contract various insurance, in case something turns bad, in 2 weeks.
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Old 12.10.2017, 17:20
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Re: Help needed getting roommate to move out

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PS: I know, evidence, blabla, so best to invest 6.30chf for a registered letter sent to...your own address.
Own address but different person. The money is even worth when you are a split personality.

If you personally hand the cancellation to the offending party, they most likely will not countersign. Means you need an independent witness.
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Old 12.10.2017, 17:22
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Re: Help needed getting roommate to move out

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Own address but different person. The money is even worth when you are a split personality.

If you personally hand the cancellation to the offending party, they most likely will not countersign. Means you need an independent witness.
I hope the OP won't be the one signing the letter delivery from the postman, lol
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Old 12.10.2017, 17:23
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Re: Help needed getting roommate to move out

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Own address but different person. The money is even worth when you are a split personality.

If you personally hand the cancellation to the offending party, they most likely will not countersign. Means you need an independent witness.
OP: is the invader's name on the post box?
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Old 12.10.2017, 17:30
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Re: Help needed getting roommate to move out

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I hope the OP won't be the one signing the letter delivery from the postman, lol
If he has a PA to do so it would be perfectly valid. It would count as received
There is a case where someone looking after a flat while the owners were away at such a PA. Because of that it was deemed as received. Unfortunately the the person on holiday was not informed about the letter and missed an important deadline. Oooooopps

Not sure how it is in the case where the sender is the same person receiving it. That may be contested because of conflict of interest.

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OP: is the invader's name on the post box?
Good thinking. If it is not. Put a sticker with the name on the mail box and additionally, to cover all bases, send it as a c/o.
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Old 12.10.2017, 17:31
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Re: Help needed getting roommate to move out

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I hope the OP won't be the one signing the letter delivery from the postman, lol
Or maybe send the letter to his place of work? Registered against a signature?
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Old 12.10.2017, 17:38
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Re: Help needed getting roommate to move out

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Or maybe send the letter to his place of work? Registered against a signature?
That may need the "in person only" extra option.

Considering the forms are only CHF 0.50 each get a few and mail bomb the guy. And have multiple person serving it to him American style.

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Old 12.10.2017, 17:40
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Re: Help needed getting roommate to move out

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OP: is the invader's name on the post box?
Of course!

Here his mailbox tag names:

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Old 12.10.2017, 18:00
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Re: Help needed getting roommate to move out

Thanks everyone for the advice. I think the best way to go is to send him a registered letter and giving him notice that he needs to move out. This was all verbal, and the room is furnished (bed, armoir, etc), so I think the advice you all are giving is well-founded and much appreciated.

It's really quite sad, as he is a nice guy. He's just in a bad situation and running scared because he thinks he has no place to go. But there's always options....friends, colocations, etc. I hope he can sort out his life quickly.

And thanks for the advice about taking pics and documenting everything....who knows how he will act on his way out.
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Old 12.10.2017, 21:05
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Re: Help needed getting roommate to move out

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.
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