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Old 14.12.2017, 16:22
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Return of deposit & charging for defects reported after check out

Hi,

I recently moved out of the property and the check out went fine. The landlord and I were both happy with the state of the flat.

Now 14 days on he's now saying the new tenant complained the taps in the kitchen and bathroom are not working even though they were okay at check out and I had no issues with the taps when I lived there. He's now telling me that he has 14 days to charge me for 'hidden' defects.

What are my rights? And is there an agency I can complain to? The whole situation is clearly not fair and he's already charged me Fr 500 as check out admin fee. It feels like he's trying to rip me off because he knows I am leaving the country.

Any help would be appreciated.
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Old 14.12.2017, 17:05
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Re: Return of deposit & charging for defects reported after check out

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he's already charged me Fr 500 as check out admin fee
WHAT?? Refuse to pay, that's part of the ordinary proceedings and his cost to bear entirely.

a) If you have a signed handover protocol:
Anything not mentioned on the handover protocol that is typicaly detected by a proper inspection (which includes trying the taps) is his problem entirely.

b) If you don't have a signed handover protocol:
According to the 2nd paragraph of 267a of the code of obligations he has 2-3 working days to complain about any defects.

In both cases a) and b), defects that can't be detected by a proper inspection (for instance incorrect wiring of an electrical socket) can be complained about later.

Contact the mietververband for profesional help. If you're lucky (remember to mention the 500.- admin fee he wants to charge) they accept you even though you already have an issue.
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Old 14.12.2017, 20:40
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Re: Return of deposit & charging for defects reported after check out

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Now 14 days on he's now saying the new tenant complained the taps in the kitchen and bathroom are not working even though they were okay at check out and I had no issues with the taps when I lived there. He's now telling me that he has 14 days to charge me for 'hidden' defects.
Hidden or not, but he must still prove that you caused the damage and the thing didn't just broke due to old age.

Quote:
and he's already charged me Fr 500 as check out admin fee. It feels like he's trying to rip me off because he knows I am leaving the country.
He's certainly taking you for a ride. Such fees are illegal, even if your contract says otherwise. Only damages - https://www.admin.ch/opc/de/classifi...ndex.html#a267

Quote:
According to the 2nd paragraph of 267a of the code of obligations he has 2-3 working days to complain about any defects.
BS, it's zero days. "must ... immediately inform ... when the object is returned". He signed the protocol, he lost the rights, at least for any easily identifiable damages like turning on the tap

Don't agree with the charges, the bank will not pay out anything out of your deposit then, and in year you should get the money back unless landlord escalates the case to legal system

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knows I am leaving the country
Then you might have a problem if there's noone to represent you here if the landlord keeps insisting on their claims
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