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Old 23.05.2018, 11:42
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vaud: taking over the rent and owner wants to increase the price

Hello everyone,

I was searching for an apartment near Lausanne and found something attractive for a nice price. The person that renting was moving out and hence I need to take over her contract as of first of July 2018.

We visited the place, we liked it, sent documents to owner (who are a private owner, they are a couple) and they scheduled some kind of interview with us in a small restaurant.

We've met, talked about life and apartment, they asked a few questions about us, we asked a few question about apartment and in the end they told us that we get the contract.

Couple of days later the contract was in my box, signed by them, but ...

1. there is an increase in apartment price, not significant, but an increase

2. when contacted by phone they said that they do not plan to do any work currently on the apartment to justify the increase

3. they also told that perhaps some time in the future (next year) they will do some big works that will take more than a month (1-3) while we will be living there

We tried to negotiate with them by telling if they can do those work before we move in, so this will make sense because we need to move in later than in July and they refused.

We also offered them (politely) to do avoid increasing the price and sending us a new contract, since they are not going to do any reparations of improvements in the apartment. They refused in an un-polite manner and quite straightforwardly told us that if we are not okay with the terms, they will search for new tenants.

We told them that in Vaud this is illigal to increase rent without justification and we told them that we will not be signing.

Now the owners want us to send them the (unsigned by us) contract that was sent by owner to us. It is signed only by them. What should we do? Should we send them the unsigned contract or we are not obliged to do so?

The reason we hesitate to just send it to them is because it does not seem like owners are a truthful people, so I wonder if we send them the unsigned contracts, can they sign them for us by faking our signatures?

I know it sounds crazy, but we have not imagined that the whole process with them will be so strange and complicated.

As of now the contract is not signed by us, so there is juridical obligations on our side. We want to keep it they way. So can we just ignore them and do not send anything back or we are obliged to send something back?

Thanks for any info on this!
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Old 23.05.2018, 11:55
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Re: vaud: taking over the rent and owner wants to increase the price

How long did the previous tenants live there? It is quite common to increase the rent a bit, especially if it hadn´t been increased for a longer time, to adapt to current market conditions.

Link in german (so it can be different in Vaud)

https://www.finanztip.de/mieterhoehung/
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Old 23.05.2018, 11:57
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Re: vaud: taking over the rent and owner wants to increase the price

Write 2 lines over the contract with CANCELLED or REFUSED between them.


As the owner has signed ther contract and you have the contract, if you return it next week, signed it is valid. The owner wants it back so he can destroy it and find a new tennant, it is perfectly logical.


Their is no trap here, just the owner doesn't want 2 signed contracts in existance for the same property.


He is well within his right to increase how he see's fit, you have no obligation to accpet/sign.


If you leave a lease early and have to fgind somebody to takeover the lease, it has to be under exact same conditions or their is no obligation for the tennat to find a new tennat to take over the lease outside the normal cancellation dates.
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Old 23.05.2018, 12:08
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Re: vaud: taking over the rent and owner wants to increase the price

You are doing it wrong.

Anyway, seeing the alleged owner attitude, you'll be best to find somewhere else asap.

As for the actual "increase", without numbers (rent + increase) it's hard to comment.

Back to the topic, you are doing it wrong because the procedure is to accept and sign the contract with new rent, and then contest the new rent.

In practice, ASLOCA say you can complain if the raise is around at least +10% and you have 30 days after signing the contract to complain.
Source: (http://www.asloca.ch/faq/#toggle-id-2).

You have here another source with explanations: (translate it, no time)
http://www.arcavocats.ch/fr/chroniqu...ausse-de-loyer



Abou the big work while living there: you can surely then make a claim to lower the rent based on "Perte d'usage locatif".

In any case, buy legal insurance or /and subscribe to Asloca, it seems you're going to need it often in this market.


As for the contracts, you are of course legally allowed not to sign them, as for returning them, you don't need too.

In fact, since you were given written copies it means that to be valid you must sign (it overrides the verbal agreement for contract validity). You don't sign, they are worthless piece of paper.

Again a source:
https://www.immoscout24.ch/fr/c/d/ma...valable?a=2545

I can't comment on the offer or rent, I just think best to move on.
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Old 23.05.2018, 14:01
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Re: vaud: taking over the rent and owner wants to increase the price

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We told them that in Vaud this is illigal to increase rent without justification and we told them that we will not be signing.
Who told you this?

Be nice and give this if you have it on paper/mail to the current renter, it dismisses him/her from finding a nachmieter (unless the current contract allows such raise)

That however has nothing to do with you.
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Old 23.05.2018, 14:11
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Re: vaud: taking over the rent and owner wants to increase the price

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Hello everyone,

I was searching for an apartment near Lausanne and found something attractive for a nice price. The person that renting was moving out and hence I need to take over her contract as of first of July 2018.

We visited the place, we liked it, sent documents to owner (who are a private owner, they are a couple) and they scheduled some kind of interview with us in a small restaurant.

We've met, talked about life and apartment, they asked a few questions about us, we asked a few question about apartment and in the end they told us that we get the contract.

Couple of days later the contract was in my box, signed by them, but ...

1. there is an increase in apartment price, not significant, but an increase

2. when contacted by phone they said that they do not plan to do any work currently on the apartment to justify the increase

3. they also told that perhaps some time in the future (next year) they will do some big works that will take more than a month (1-3) while we will be living there

We tried to negotiate with them by telling if they can do those work before we move in, so this will make sense because we need to move in later than in July and they refused.

We also offered them (politely) to do avoid increasing the price and sending us a new contract, since they are not going to do any reparations of improvements in the apartment. They refused in an un-polite manner and quite straightforwardly told us that if we are not okay with the terms, they will search for new tenants.

We told them that in Vaud this is illigal to increase rent without justification and we told them that we will not be signing.

Now the owners want us to send them the (unsigned by us) contract that was sent by owner to us. It is signed only by them. What should we do? Should we send them the unsigned contract or we are not obliged to do so?

The reason we hesitate to just send it to them is because it does not seem like owners are a truthful people, so I wonder if we send them the unsigned contracts, can they sign them for us by faking our signatures?

I know it sounds crazy, but we have not imagined that the whole process with them will be so strange and complicated.

As of now the contract is not signed by us, so there is juridical obligations on our side. We want to keep it they way. So can we just ignore them and do not send anything back or we are obliged to send something back?

Thanks for any info on this!
OP, I think you should send them back the contract and tell them you're not interested anymore. They might be greedy and weird, but probably wouldn't go as far as to fake your signatures. I think you're making a big thing in your head because you're disappointed and probably a little bit desperate to find an apt. They're just greedy and sensed your eagerness, I guess.

Edit: yep, totally agree with Today only.

Last edited by greenmount; 23.05.2018 at 14:25.
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Old 23.05.2018, 14:17
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Re: vaud: taking over the rent and owner wants to increase the price

Send them a letter or an email (don't call), tell them thank you but no thank you.
Do not return the contract.

Listen to your guts.
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Old 23.05.2018, 15:16
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Re: vaud: taking over the rent and owner wants to increase the price

The landlord wants to avoid having two signed contracts for the same apartment so he wants the contract back, that's perfectly reasonable. You have no use of the contract so send it back, it may have cost a few CHF.

Make a copy and send it to the current renter. Inform him that you would have taken the apartment for the same rent but not with the increase. That way the current renter is off the hook.
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Old 26.05.2018, 00:54
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Re: vaud: taking over the rent and owner wants to increase the price

Thank you all for the hints. After some thinking I decided to return the (unsigned by me) contract to owner. I mentioned on the contract that it is refused and the reason of refusal for clarity.

Will see how it goes.
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