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Old 05.08.2018, 16:56
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Handover ?

Hello!
Does anyone know for sure how the handover(I hope that I use the right word) takes place in Switzerland?
I mean does the law says if the new tenant is obligated to be with the previous tenant present?
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Old 05.08.2018, 17:01
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Re: Handover ?

This has already been answered in your other thread.

https://www.englishforum.ch/housing-...us-tenant.html
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Old 05.08.2018, 17:05
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Re: Handover ?

It says on your rental contract at what time the handover takes place and it should be the landlord or their legal representative who will be there. Typically, you should ask for the handover protocol and make a note of any pre-existing damage in writing so it does not bite you later. I'm sure that if you take the time to search the forum, there are more detailed explanations available.

Just a friendly tip from me - stop being so difficult, as you rely on the goodwill of the landlord to make sure any broken things or other problems are dealt with sooner rather than later. Yes, there are laws here too, but just accept that you are dealing with human beings and not measurements and pieces of legal documents. If you are causing all this hassle before you have even moved in, well, I would not want to be your landlord. Calm down, thousands of people move every month in this country and the bad experiences tend to be the exception and not the rule.
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Old 05.08.2018, 17:05
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Re: Handover ?

There is no specific answer....I want to knwo if someonw knows the law
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Old 05.08.2018, 17:07
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Re: Handover ?

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There is no specific answer....I want to knwo if someonw knows the law
What does it say in the contract you signed? What does it say in the other documentation the landlord has sent you?
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Old 05.08.2018, 17:08
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Re: Handover ?

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This has already been answered in your other thread.

https://www.englishforum.ch/housing-...us-tenant.html
Ah, yes, but no.. but.. not one of the answers in the other thread were correct.

This is round 2.
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Old 05.08.2018, 17:12
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Re: Handover ?

Swisstree
I didn t read any post that mentioned something for sure...
Did u see anything ?
Anyone told their experiences ...
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Old 05.08.2018, 17:13
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Re: Handover ?

As said in the other thread, the landlord can bring along whomever they think could be helpful during the handover.
Same goes actually for you, you can bring whomever you think could be helpful, mom and pop, lawyer, or a representative of the renters association. See www.asloca.ch, www.mieterverband.ch or http://www.asi-infoalloggio.ch respectively.

I can not point you to a particular article in the law, as the law does not say anything about that topic, which means it is not forbidden to bring anyone along.
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Old 05.08.2018, 17:18
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Re: Handover ?

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Swisstree
I didn t read any post that mentioned something for sure...
Did u see anything ?
Anyone told their experiences ...
None of us have ever moaned about a previous renter being at the handover.. it has nothing to do with you who the agent or Landlord bring.

Do yourself a favour, join the Mieterverband in Zurich and they will happily tell you the rules and law. Take your contract with you too and go over it with them, make sure you understand it.
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Old 05.08.2018, 17:18
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Re: Handover ?

The law is on the internet but since English is not a national language, I'm not sure it is as readily available. The Mieterverband website is, in my view, better than the Asloca one but both give you the legal background.

Section 8 of the Code des Obligations deals with the legal aspects of rentals, if you want the definitive legal provisions. Spoiler alert: it does not specify whether someone else can be or has to be present during the handover.
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Old 05.08.2018, 17:24
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Re: Handover ?

Mostly I asked because thw agency informed me that they can not yet have a meeting with the previous tenant and me at the same time for the handover.
So I am asking if this affected me.
Is there any way the handover to delay because she can not be present?
I guess not right?
I am just very anxious as all this is new to me
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Old 05.08.2018, 17:26
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Re: Handover ?

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The law is on the internet but since English is not a national language, I'm not sure it is as readily available.
It is. The Code of Obligations https://www.admin.ch/opc/en/classifi...009/index.html as well as the Civil Code https://www.admin.ch/opc/en/classifi...042/index.html

Also available in English is the Constitution https://www.admin.ch/opc/en/classifi...395/index.html the Criminal Code https://www.admin.ch/opc/en/classifi...083/index.html as well as the Criminal Procedure Code https://www.admin.ch/opc/en/classifi...319/index.html and the Foreign Nationals Act https://www.admin.ch/opc/en/classifi...232/index.html

This are some of the most important laws and regulations for the daily life in Switzerland. Unfortunately missing are the Road Traffic Act and Road Traffic Rules Ordinance. But many more are available in English at the official Swiss goverment website https://www.admin.ch/opc/en/classifi.../national.html
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Old 05.08.2018, 17:28
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Re: Handover ?

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Mostly I asked because thw agency informed me that they can not yet have a meeting with the previous tenant and me at the same time for the handover.
So I am asking if this affected me.
Is there any way the handover to delay because she can not be present?
I guess not right?
I am just very anxious as all this is new to me
How on earth do you think this would affect you negatively?

They need to go through the object with the former renter. They don't need any b.a. flies while this is going on.

Last edited by JagWaugh; 05.08.2018 at 17:32. Reason: spellink
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Old 05.08.2018, 17:34
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Re: Handover ?

I asked if it affects me the fact that they can not make a meeting in the same time !
So,I asked if I will have to wait more days until thw handover takes place.
For instance if she can do the meeting at 15/9 then even if my contract starts at 1/9 do I have to wait?
Or the agency is obligated to do the handover seperated?
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Old 05.08.2018, 17:35
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Re: Handover ?

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Mostly I asked because thw agency informed me that they can not yet have a meeting with the previous tenant and me at the same time for the handover.
So I am asking if this affected me.
Lol. Now it is the other way round, and the former tenant does not want the creepy new tenant to be present at handover.

No, there is no law for this as well. The handover with the old tenant can be any time before the handover with the old tenant.

The only important thing for you is that you have a right to the key and access to apartment at the time stated in your contract. Most often mid-day of first renting day, you will have to check your contract what time applies in your case.

Relevant, are Art. 256, 258, and 259a Code of Obliagtion
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Old 05.08.2018, 17:39
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Re: Handover ?

aswissintheus
If you do not know me dont use bad words for me like creepy and etc....
But thank you for your answer
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Old 05.08.2018, 17:44
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Re: Handover ?

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I asked if it affects me the fact that they can not make a meeting in the same time !
So,I asked if I will have to wait more days until thw handover takes place.
For instance if she can do the meeting at 15/9 then even if my contract starts at 1/9 do I have to wait?
Or the agency is obligated to do the handover seperated?
If you join the Mieterverband tomorrow and make an appointment, someone can call the agent and ask all the questions you wish. Bring your tenancy contract with you. Your anxiety is running away with itself..

Why, by the way, have you not written all these questions down and sent them to the agent to answer?
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Old 05.08.2018, 17:50
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Re: Handover ?

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Your anxiety is running away with itself..
Indeed. It's an apartment handover, not the Cretaceous–Paleogene extinction event.
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Old 05.08.2018, 18:54
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Re: Handover ?

Τhank you !!!
I didn t know Mieterverband.
We do not have these things in Greece.
Thank you all again.
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Old 05.08.2018, 19:07
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Re: Handover ?

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Τhank you !!!
I didn t know Mieterverband.
We do not have these things in Greece.
Thank you all again.
It does exist in Greece...Panhellenic Renters' Protection Association at: Menandrou St. 66, Omonia, Athens Tel: 210 524 6982
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