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  #41  
Old 04.12.2017, 11:45
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Re: Collocation in Switzerland

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They do not even know if I am Swiss, but they assume... Well, nice manners!!!
Nothing to do with manners but more with the fact that (I´d reckon) the majority here is not Swiss......

Why would a Swiss person ask here, when he/she easily can ask their landlord in their own language?
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Old 04.12.2017, 12:01
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Re: Collocation in Switzerland

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Why would a Swiss person ask here, when he/she easily can ask their landlord in their own language?
1) Because it is one of the most active forums, if not the most active, on daily life and general issue in Switzerland you can find and specially were you get an answer within minutes after posting?
2) Sometime you want to be informed and know the law, possibilities, and restrictions before you ask officially a question so that you can smell something is fishy or you are taken for a ride.
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  #43  
Old 04.12.2017, 12:03
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Re: Collocation in Switzerland

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Correct, he is Swiss and I kind of racist the comments from a few people in this thread about nationalities... They do not even know if I am Swiss, but they assume... Well, nice manners!!!
So I'm sorry to say are yours. No info about yourself or your bf so what else are we expected to assume? As roegner said, most of us are not Swiss.

Like it or not your nationality and what permit you have does get you different answers depending on what these are. A non-EU/non-EU unmarried couple will not be able to get a family reunification permit in Zurich canton for example, while an EU/EU or EU/non-EU dependent can. It's nothing to do with racism (though interesting you leapt to that conclusion), but trying to give you the info/advice you asked for.
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Old 04.12.2017, 12:06
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Re: Collocation in Switzerland

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Nothing to do with manners but more with the fact that (I´d reckon) the majority here is not Swiss......

Why would a Swiss person ask here, when he/she easily can ask their landlord in their own language?
LOL I am Swiss and came to EF to ask a question in my early days after return here, after 40 years in UK - and I got quite a sarchastic comment about it

The assumption of racism here is daft though ...
Just ask your landord, and go to Asloca for advice if he refuses- simple. And feed back when you have the answer.

On the other hand, if your BF is Swiss, surely he should be able to get all the advice you need and help you deal with it all, no?

Last edited by Odile; 04.12.2017 at 12:40.
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  #45  
Old 04.12.2017, 12:11
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Re: Collocation in Switzerland

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Correct, he is Swiss and I kind of racist the comments from a few people in this thread about nationalities... They do not even know if I am Swiss, but they assume... Well, nice manners!!!
How is that racist? Do you understand what racism is? At worst, this was an incorrect assumption, though on a forum frequented mainly by non-Swiss, it's hardly a surprising one.

Rest has been said, while I'm not sure what "rights" you are referring to, in general, it's allowed to have someone move in. Three options:
a) sublet (usual rules apply, but not recommended in your case)
b) added to/joint rental contract (recommended, joint responsibility and liability)
c) zero contract whatsoever (up to you, but if you break up and he damaged half the apartment, all responsibility, financial and otherwise, is on you)

The landlord must be informed at any rate. He has a right to know who and how many people live in his apartments. I am not aware of any reasons that would allow him to deny the request.
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  #46  
Old 04.12.2017, 12:33
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Re: Colocation in Switzerland

So back to business and answering the original queations?

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1. Can a gérance reject to add a collocateur in the contract?
2. If yes then how the person that is not in the contract will prove that he/ she legally lives there?
3. What if one day the person that is in the contract decides not to pay the rent, or leave the country or die? Will the gérance kick out of the apartment the second person although they are the ones who rejected to add him/ her in the contract?
1. Yes. No reason needed. You cannot force anyone to make a new contract.
But your BF/GF does not have to be on contract do live with you.

2. If she/he pays a share to the rent you make a sublet contract. There is no prescribed form, but you must inform the landlord about the conditions of the sublet. An written contract is also advisable to make things clear and transparent between BF and GF.
The landlord can only object in a few selected cases. One would be if the apartment is no suitable for two people. Apart from a studio, and even then, I do not see why BF and GF should not be able to live in a 1 1/2 room apartment. On the otherhand a bigger apartment provides private space and room to retreat.

3. Sucks but that is a risk.

In case multiple persons are on the contract any of the person is fully liable for the full rent. In case only one person is on the contract than only this person is liable for the rent.

In case the main tenant does not pay the rent they still have to fulfill the sublet contract. The sublessee could sue the subleter for fulfillment of the sublease contract.

In case the sublessee does not pay its share of the rent the main tenant is fully liable for the whole rent. The landlord has nothing to do with the contractual relationship between subletter and sublessee. Subletter could sue sublessee for rent payment.

If the main tenant leaves the country and is no longer reachable in any kind the sublessee:
- Must leave the property when the main contract ends.
- Has no obligations toward the landlord to pay any outstanding rent.
- If landlord agrees may takeover the contract.

In case the main tenant dies:
- The heirs can cancel the rental contract to the next ordinary cancellation date.
- Sublessee must leave the property when the main contract ends.
- Sublessee no obligations toward the landlord to pay any outstanding rent.
- If landlord agrees sublessee may takeover the contract.
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  #47  
Old 04.12.2017, 12:38
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Re: Collocation in Switzerland

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a) sublet (usual rules apply, but not recommended in your case)
b) added to/joint rental contract (recommended, joint responsibility and liability)

Can you explain?
Looks like they have not lived together yet. And maybe dating for less than a year. In such a situation, where a breakup within the next 2 years is a very likely option a sublet arrangement is much more advisable than a joint rental contract.
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  #48  
Old 04.12.2017, 14:52
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Re: Collocation in Switzerland

I lived together with my then boyfriend and he was not sharing my lease (kein Solidarmieter) I was the sole renter. When he moved in, he had to go to the Kreisbüro (bureau de district I guess) and got a new Niederlassungsbescheinigung as the landlord -- and Kreisbüro - wanted to know who he was and if he was legally here.

When we got married (boyfriend was chased out and came back as a husband :-), I asked the landlord how to handle the lease - me alone as the renter - or a shared lease with my husband. He told me he was happy to have only me in the lease - as it had been before - and this way, we would not have any paperwork to do.

Works fine.
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  #49  
Old 04.12.2017, 14:55
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Re: Collocation in Switzerland

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I lived together with my then boyfriend and he was not sharing my lease (kein Solidarmieter) I was the sole renter. When he moved in, he had to go to the Kreisbüro (bureau de district I guess) and got a new Niederlassungsbescheinigung as the landlord -- and Kreisbüro - wanted to know who he was and if he was legally here.
When my girlfriend moved in in, I just had to bring a note to the commune stating that she was living with me.

Tom
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  #50  
Old 04.12.2017, 14:57
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Re: Collocation in Switzerland

Tom, that must have been a long time ago :-) Nowadays it's more finicky.
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Old 04.12.2017, 16:35
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Re: Collocation in Switzerland

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When we got married (boyfriend was chased out and came back as a husband :-), I asked the landlord how to handle the lease - me alone as the renter - or a shared lease with my husband. He told me he was happy to have only me in the lease - as it had been before - and this way, we would not have any paperwork to do.
Know that the landlord still has to give notice to each of you individually and by separate letters to cancel, and on the form approved by the Kanton. Each of you can challenge the notice (and are likely to win) if he doesn't.

Similarly both of you need to sign the cancel notice for it to be effective. If either of you refuses the other can't get out of the contract (at least not easily, probably requires a court ruling to do so). Until that has happened both of you are liable for the rent.

This only applies to the home of a married couple or of a registered partnership, not to OP's case (yet ).
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Old 04.12.2017, 16:44
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Re: Collocation in Switzerland

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Tom, that must have been a long time ago :-) Nowadays it's more finicky.
8 years ago.

But we are both Swiss.

Tom
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  #53  
Old 04.12.2017, 18:14
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Re: Collocation in Switzerland

Hi Max

Yes, I know, good of you to mention it and it is good that it is like that.

Years ago I had heard terrible stories about husbands and - mostly - wives who were thrown out of the appt because only one had the lease and could throw the other one out without flinching. Tragedies.

But we will most likely leave our great and cheap apartment feet forward :-) Our landlord is actually a foundation, they like to keep everything simple and correct, which is such a great change after many stories with terrible landlords.

That's why I got myself familiar with some aspects of the art of renting. Begin to miss the quarrels :-)

Last edited by marischi; 04.12.2017 at 18:40.
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