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Old 29.11.2017, 21:18
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Agency don't want to do a handover, nachmieter

Hi everybody,

I want to take over a rental contract I will be the "Nachmieter". However the rental agency will not do an end review of the previous tenant, nor will they do a moving in protocol with me. I am expected to meet with the current tenant, review any damage and he can either fix it or pay me compensation for the damage. At the end of my contract I will be responsible for any damage. My question, is this normal?
Thanks in advance for your help.
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Old 29.11.2017, 21:30
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Re: Agency don't want to do a handover, nachmieter

Not normal, especially as there may be items you do not see immediately an then would be responsible for
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Old 29.11.2017, 21:39
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Re: Agency don't want to do a handover, nachmieter

Walk away if you can.
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Old 29.11.2017, 22:16
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Re: Agency don't want to do a handover, nachmieter

Absolute BS
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Old 29.11.2017, 22:52
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Re: Agency don't want to do a handover, nachmieter

I detect a smell similar to Grimsby on a sunny day when the trawlers are in.
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Old 30.11.2017, 00:01
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Re: Agency don't want to do a handover, nachmieter

This is anything but normal. However, it's perfect for both of you, the previous renter and the Nachmieter.

You see, when you move out the landlord needs to prove any damage is your doing, which is usually impossible without a handover protocol. As a consequence he can't hold you liable for any damage, whether it was caused by you or not.
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Old 30.11.2017, 00:42
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Re: Agency don't want to do a handover, nachmieter

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This is anything but normal
Not really. Maybe it's rarer than typical, but I've seen even some big agencies do this

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You see, when you move out the landlord needs to prove any damage is your doing, which is usually impossible without a handover protocol. As a consequence he can't hold you liable for any damage, whether it was caused by you or not.
Don't open a champagne just yet - it's probably part of the contract that you're taking over not just the previous tenant's contract, but also his liability for the damages to the flat

Strike over this clause first (but then the agency likely would refuse to sign - they know it very well too that their chances to claim damages would be hurt), or demand a formal handover, or go over the flat's condition and compare with the original protocol yourself
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Old 30.11.2017, 07:25
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Re: Agency don't want to do a handover, nachmieter

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Hi everybody,

I want to take over a rental contract I will be the "Nachmieter". However the rental agency will not do an end review of the previous tenant, nor will they do a moving in protocol with me. I am expected to meet with the current tenant, review any damage and he can either fix it or pay me compensation for the damage. At the end of my contract I will be responsible for any damage. My question, is this normal?
Thanks in advance for your help.
Who has agency is this? Livit?
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Old 30.11.2017, 11:09
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Re: Agency don't want to do a handover, nachmieter

If you are curious about exactly what your options/rights are in this situation thenjoin the Mietverband (https://www.mieterverband.ch/) in your area, pay the yearly membership fee and ask them for advice. They'll tell you exactly what this means, if it is allowed and what your options are.
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Old 30.11.2017, 11:31
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Re: Agency don't want to do a handover, nachmieter

Hi all,

Thanks for your replies. I know I should walk away from this, but the flat is nice and there doesn't seem to be any damage (but it is difficult to assess when the furniture of the previous tenant is still there).
I am going to visit the Mieterverband this evening. My hope is that they will tell me that the agency must do a handover. They already have an illegal clause in the contract concerning small repairs. So hopefully they are just chancing their arm with this no handover too.

I would like to hear from anyone who has been in this situation before.

Thanks again
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Old 30.11.2017, 11:49
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Re: Agency don't want to do a handover, nachmieter

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My hope is that they will tell me that the agency must do a handover.
Nope freedom of contract likely prevails if you already signed what they're proposing. On the other hand If you haven't yet signed, or no-handover thing wasn't part of your signed contract, then you have some bargaining power that you should exercise

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They already have an illegal clause in the contract concerning small repairs.
Really? Small repairs are your responsibility, it's in the law, they don't even need a clause for that
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Old 30.11.2017, 12:28
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Re: Agency don't want to do a handover, nachmieter

I haven't signed anything and I hope that the Mieterverband will advise me tonight.

The contract has lots of items specified in the small repairs section, that are specifically not allowed according to the Mietverband website.
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Old 30.11.2017, 13:12
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Re: Agency don't want to do a handover, nachmieter

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I haven't signed anything
Well, then I don't see what's the problem. You call the agency and tell them we do the handover or the deal is off. Grow some balls, geez...

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The contract has lots of items specified in the small repairs section, that are specifically not allowed according to the Mietverband website.
I wouldn't advise to throw around the term "illegal" so lightly. The law doesn't precisely define a small repair, there's just some case practice (and that's what you probably saw on MV) - and with it comes the legal risk that your case will turn out to be different, precedents aren't binding in swiss law.

If you think the clause is illegal, then better argue with the agency with what you saw to have those clauses taken down before signing, but there's of course a chance that they'll refuse
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Old 30.11.2017, 13:50
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Re: Agency don't want to do a handover, nachmieter

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The contract has lots of items specified in the small repairs section, that are specifically not allowed according to the Mietverband website.
Could you give some examples?
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Old 30.11.2017, 13:50
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Re: Agency don't want to do a handover, nachmieter

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Who has agency is this? Livit?
Have to be honest and admit that I cannot see Livit doing this.
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Old 30.11.2017, 14:22
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Re: Agency don't want to do a handover, nachmieter

Can you please give us an update onto what the Mietverband tells you and how this turns out? I am really curious what happens....
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Old 30.11.2017, 16:56
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Re: Agency don't want to do a handover, nachmieter

I would never rent a flat which I'd have to argue about before even signing the contract.
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Old 30.11.2017, 17:48
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Re: Agency don't want to do a handover, nachmieter

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Hi everybody,

I want to take over a rental contract I will be the "Nachmieter". However the rental agency will not do an end review of the previous tenant, nor will they do a moving in protocol with me. I am expected to meet with the current tenant, review any damage and he can either fix it or pay me compensation for the damage. At the end of my contract I will be responsible for any damage. My question, is this normal?
Thanks in advance for your help.
Ergh....too complicated then. The current tenant will try to get away as lightly as he can, probably even thinking they're doing you a favour as the apartment is nice and all that. (my first thoughts)
I would run away, unless the apartment is really nice, has many other advantages apart from just being "nice" e.g. location, not too high a rent, separate laundry room, etc. etc., and not big visible damages.
All I want to say is that it might look like taking unnecessary risks but it also might pay off in the end.
Does the current tenant seem like a reasonable person?
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Old 30.11.2017, 18:13
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Re: Agency don't want to do a handover, nachmieter

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Ergh....too complicated then. The current tenant will try to get away as lightly as he can, probably even thinking they're doing you a favour as the apartment is nice and all that. (my first thoughts)
I would run away, unless the apartment is really nice, has many other advantages apart from just being "nice" e.g. location, not too high a rent, separate laundry room, etc. etc., and not big visible damages.
All I want to say is that it might look like taking unnecessary risks but it also might pay off in the end.
Does the current tenant seem like a reasonable person?
Well, that sure is very clear advice.
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Old 30.11.2017, 18:37
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Re: Agency don't want to do a handover, nachmieter

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Well, that sure is very clear advice.
Clear as mud..

If I really, really wanted the apartment and it seemed in a good shape and with a reasonable previous tenant, I would take those risks. But I don't advise OP to do so if he clearly feels it's a "trap".
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