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19.02.2019, 18:31
| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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.
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19.02.2019, 18:38
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | Same building, our apartment is 2 and 3 floor, he is in 3rd floor. | | | | | A separate entrance and key.
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19.02.2019, 18:41
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| | 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.
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19.02.2019, 18:42
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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
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19.02.2019, 18:48
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | |
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.
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19.02.2019, 18:50
|  | Forum Legend | | Join Date: Sep 2006 Location: Zürich
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| | 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...
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19.02.2019, 18:51
| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | Basically he is now a trespasser. | | | | | No he is not. (not yet at least)
Reading the topic will not harm you.
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19.02.2019, 18:53
|  | Forum Legend | | Join Date: Mar 2008 Location: Zurich
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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?
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19.02.2019, 18:55
| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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?
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19.02.2019, 18:56
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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.
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19.02.2019, 18:59
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| | 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?
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19.02.2019, 19:32
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| | 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.
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19.02.2019, 19:52
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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.
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19.02.2019, 20:16
|  | Forum Legend | | Join Date: Dec 2007 Location: Work in ZH, live in SZ
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | There is nothing about marriage. He has a B permit. | | | | | You cannot easily have a B permit without work for years...
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19.02.2019, 20:28
| | 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.
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19.02.2019, 21:26
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| | 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.
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19.02.2019, 23:48
|  | Moderately Amused | | Join Date: Jul 2010 Location: Bern area
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| | 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: | |  | | | 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." | | | | | | The following 2 users would like to thank 3Wishes for this useful post: | | 
19.02.2019, 23:49
|  | Forum Legend | | Join Date: Apr 2007 Location: romandie
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| | Re: LEGAL HELP: someone lives in our apartment without paying rent | Quote: | |  | | | 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.
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20.02.2019, 08:41
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| | 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..
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20.02.2019, 09:01
| | Re: LEGAL HELP: someone lives in our apartment without paying rent
I | Quote: | |  | | | 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 09:06.
Reason: Added ijfo
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