Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #21  
Old 19.02.2019, 17:31
Guest
 
Posts: n/a
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Same building, our apartment is 2 and 3 floor, he is in 3rd floor.
You have a two floor apt and he currently inhabits one floor? Is it a self contained apt? I don't understand at all. Bowing out, i wish you luck.
Reply With Quote
This user would like to thank for this useful post:
  #22  
Old 19.02.2019, 17:38
Newbie
 
Join Date: Dec 2015
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
fabulous has no particular reputation at present
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Same building, our apartment is 2 and 3 floor, he is in 3rd floor.
A separate entrance and key.
Reply With Quote
  #23  
Old 19.02.2019, 17:41
Banned
 
Join Date: Jun 2013
Location: North
Posts: 996
Groaned at 38 Times in 23 Posts
Thanked 1,351 Times in 624 Posts
Fish Paste has a reputation beyond reputeFish Paste has a reputation beyond reputeFish Paste has a reputation beyond reputeFish Paste has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Can you put some sort of financial pressure on him.

Maybe you can state 'From June 1st the monthly rent will be xxxx'

As the others say, get legal advice.
Reply With Quote
This user would like to thank Fish Paste for this useful post:
  #24  
Old 19.02.2019, 17:42
Banned
 
Join Date: Oct 2007
Location: CH
Posts: 10,975
Groaned at 2,037 Times in 1,121 Posts
Thanked 5,139 Times in 3,246 Posts
omtatsat omtatsat omtatsat omtatsat omtatsat
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
A separate entrance and key.
Consult a lawyer and do it all officially. Basically he is now a trespasser. : one who trespasses
especially : one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent
Reply With Quote
The following 2 users would like to thank omtatsat for this useful post:
The following 2 users groan at omtatsat for this post:
  #25  
Old 19.02.2019, 17:48
Newbie
 
Join Date: Dec 2015
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
fabulous has no particular reputation at present
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post

Honestly, you are part of your own problem. You accept excuses and let set deadlines pass w/o any further consequences. State a clear, final date by when the premises has to be vacated. Also state that after that date he is considered a trespasser.

PS: It might be wise to invest a few hundred Francs with a lawyer and do it right, correct and with determination.
Thank you for this information.
Sure, that's why I am looking for help to correct this problem.
Reply With Quote
  #26  
Old 19.02.2019, 17:50
AbFab's Avatar
Forum Legend
 
Join Date: Sep 2006
Location: Zürich
Posts: 8,167
Groaned at 343 Times in 233 Posts
Thanked 11,829 Times in 4,070 Posts
AbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Who is this non-paying non-contract holding person? How on earth did he get in and stay there for 3 years?

Surely there must be more to this then you are telling us...
Reply With Quote
The following 2 users would like to thank AbFab for this useful post:
  #27  
Old 19.02.2019, 17:51
Guest
 
Posts: n/a
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Basically he is now a trespasser.
No he is not. (not yet at least)

Reading the topic will not harm you.
Reply With Quote
This user would like to thank for this useful post:
  #28  
Old 19.02.2019, 17:53
amogles's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Zurich
Posts: 11,296
Groaned at 249 Times in 210 Posts
Thanked 23,880 Times in 10,136 Posts
amogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Who is this non-paying non-contract holding person? How on earth did he get in and stay there for 3 years?

Surely there must be more to this then you are telling us...
Does he seem to think he has a right to stay because of somnething he calls a marriage certificate?
Reply With Quote
The following 3 users would like to thank amogles for this useful post:
  #29  
Old 19.02.2019, 17:55
Guest
 
Posts: n/a
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Who is this non-paying non-contract holding person? How on earth did he get in and stay there for 3 years?

Surely there must be more to this then you are telling us...
It's like pulling teeth...

OP, this separate apartment this person is apparently squatting in... do you own it or hold the contract for it and he's an "unofficial" sub-letter? Are you paying for him to live there?
Reply With Quote
This user would like to thank for this useful post:
  #30  
Old 19.02.2019, 17:56
Newbie
 
Join Date: Dec 2015
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
fabulous has no particular reputation at present
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Does he seem to think he has a right to stay because of somnething he calls a marriage certificate?
There is nothing about marriage. He has a B permit.
Reply With Quote
  #31  
Old 19.02.2019, 17:59
Senior Member
 
Join Date: Nov 2015
Location: Winterthur
Posts: 254
Groaned at 10 Times in 8 Posts
Thanked 279 Times in 104 Posts
Silvestre has a reputation beyond reputeSilvestre has a reputation beyond reputeSilvestre has a reputation beyond reputeSilvestre has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

This gets better and better... now even I want a rent-free, bills-free full board arrangement...

OP - are you looking to adopt by any chance?
Reply With Quote
The following 3 users would like to thank Silvestre for this useful post:
  #32  
Old 19.02.2019, 18:32
slammer's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Lummerland
Posts: 5,275
Groaned at 145 Times in 101 Posts
Thanked 9,159 Times in 3,472 Posts
slammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

You are overthinking this waaaaaaaay too much, look for your local “Inkasso Kosovo” give them a few hundred Franks and tell them to have fun.
Reply With Quote
The following 4 users would like to thank slammer for this useful post:
  #33  
Old 19.02.2019, 18:52
MusicChick's Avatar
modified, reprogrammed and doctored²
 
Join Date: Feb 2008
Location: La Cote
Posts: 17,043
Groaned at 372 Times in 255 Posts
Thanked 19,582 Times in 10,220 Posts
MusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
Yes, he was tricky and managed himself to get a B permit which he claimed to be a "freelancer", don't want to talk about what field he is in, as i know he can't make over 1000CHF/month or probably worse for being a freelancer. Told him to find a regular job, but never happened.
Why would he...You let him get away with 3yrs of free rent. He must be a charmer.
Reply With Quote
The following 4 users would like to thank MusicChick for this useful post:
  #34  
Old 19.02.2019, 19:16
Treverus's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: Work in ZH, live in SZ
Posts: 11,948
Groaned at 305 Times in 261 Posts
Thanked 22,746 Times in 8,237 Posts
Treverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
There is nothing about marriage. He has a B permit.
You cannot easily have a B permit without work for years...
Reply With Quote
The following 2 users would like to thank Treverus for this useful post:
  #35  
Old 19.02.2019, 19:28
Guest
 
Posts: n/a
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
It's like pulling teeth...

OP, this separate apartment this person is apparently squatting in... do you own it or hold the contract for it and he's an "unofficial" sub-letter? Are you paying for him to live there?
Understanding Brexit is easier.

OP, a month's notice in writing and then report him to the Gemeinde as not working and no longer living at your address.

Tell him exactly what you're going to do and if he doesn't move out, he will lose his permit once you report him.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #36  
Old 19.02.2019, 20:26
Esi Esi is offline
Newbie
 
Join Date: Jan 2019
Location: Hinwil
Posts: 1
Groaned at 1 Time in 1 Post
Thanked 2 Times in 1 Post
Esi has no particular reputation at present
Re: LEGAL HELP: someone lives in our apartment without paying rent

All very good advice, however drawing from my years of experience and the cost of the litigation in the UK. I often advice clients to think outside the box. I will suggest you get yourself invited into the flat and obtain a spare key of the flat, if you don't already have one. Find yourself living in the flat and sleeping on the bed at the oddest of time, inviting guest and eating his food without permission. Just like the license he thinks he enjoys, you will exercise the same, to the extent of using his things as many times a day, but not taking them out of the flat, generally leaving it very untidy. The idea, is let him bare the burden and the cost of trying to prove you are the illegal occupant. Since he really hasn't got the money to throw about, you will soon observe that his discomfort and lack of privacy will be too much for him to bare.
Reply With Quote
The following 2 users would like to thank Esi for this useful post:
This user groans at Esi for this post:
  #37  
Old 19.02.2019, 22:48
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,077
Groaned at 85 Times in 81 Posts
Thanked 18,612 Times in 8,296 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

The quote below is from another thread. Perhaps the authorities would be interested in knowing that the permit for your squatter was obtained under false pretenses?

Quote:
View Post
This may perhaps explain things -
https://www.artias.ch/wp-content/upl...avril_2014.pdf

In french tho....

"Thus, an EU / EFTA residence permit, although granted for an initial period of five years, may be revoked when the conditions required for its issue are no longer fulfilled.

A person who is unemployed or who behaves improperly (for example, coming to Switzerland to work fictitious or for an extremely limited duration
for the sole purpose of benefiting from certain aids, such as more advantageous social claims) may therefore be withdrawn."
Reply With Quote
The following 2 users would like to thank 3Wishes for this useful post:
  #38  
Old 19.02.2019, 22:49
miniMia's Avatar
Forum Legend
 
Join Date: Apr 2007
Location: romandie
Posts: 9,979
Groaned at 101 Times in 92 Posts
Thanked 9,106 Times in 4,522 Posts
miniMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

Quote:
View Post
You cannot easily have a B permit without work for years...
If he got his original EU permit for 5 years and isn't collecting any money from the state, they won't bother him for 5 years.

As for the original question:

I'm not understand this set up.
His apartment is separate from yours? Do you have a lease for his part of the house?

I'm not sure if you can evict him or the landlord needs to do it.
Reply With Quote
This user would like to thank miniMia for this useful post:
  #39  
Old 20.02.2019, 07:41
Forum Legend
 
Join Date: Feb 2010
Location: CH
Posts: 10,621
Groaned at 344 Times in 280 Posts
Thanked 15,472 Times in 7,931 Posts
greenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond repute
Re: LEGAL HELP: someone lives in our apartment without paying rent

I'm sorry....what's "squatting"? A (human) right? If it's my apartment and you have no business "squatting" around I'll kick your ass in a second....

And OP, you obviously don't say the whole story. I don't judge, but I'm short of sympathy. My advice: get a lawyer. You should have done that right from the start..
Reply With Quote
  #40  
Old 20.02.2019, 08:01
Guest
 
Posts: n/a
Re: LEGAL HELP: someone lives in our apartment without paying rent

I
Quote:
View Post
I'm sorry....what's "squatting"? A (human) right? If it's my apartment and you have no business "squatting" around I'll kick your ass in a second....

And OP, you obviously don't say the whole story. I don't judge, but I'm short of sympathy. My advice: get a lawyer. You should have done that right from the start..
A squatter is an individual living somewhere they have no legal right to and to which they do not pay for. The kicker under UK law, I believe, is that after a certain amount of time they start to have "squatters rights" and become quite difficult to remove. I have no idea if a similar thing exists in CH.

Edit: comes with a 5k fine and up to 6 months in prison. Rights can only be assumed if lived there 10 years (12 If property not registered) and can prove have been " custodians".;Or so Google tells me.

Last edited by RufusB; 20.02.2019 at 08:06. Reason: Added ijfo
Reply With Quote
This user would like to thank for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Should we sublet our apartment without a bond? Salad Days Housing in general 19 27.09.2016 05:17
Insurance for someone works France, lives in Switzerland Weny Insurance 2 02.12.2015 12:50
Some legal trouble with our apartment ripplypluto Housing in general 19 26.06.2015 10:13
our landlady sends people in the apartment to fix things without our permission justsally Housing in general 7 29.11.2007 15:37
Is it legal to rent a room to someone in an apartment that I am renting? Oz12 Housing in general 7 12.01.2007 22:07


All times are GMT +2. The time now is 23:38.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0