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  #41  
Old 20.02.2019, 08:12
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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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.
I can't understand these laws to be honest. I was taught that property is "sacrosanct"..I know there are similar laws in many countries but still..anyways, I am almost certain the OP's case in not one of "squatting" as she or he knew the person, agreed to let them stay there etc etc.
I reckon is about some family affair here...;-) A painful saga I also wouldn't talk about openly on a public forum.
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  #42  
Old 20.02.2019, 08:16
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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I can't understand these laws to be honest. I was taught that property is "sacrosanct"..I know there are similar laws in many countries but still..anyways, I am almost certain the OP's case in not one of "squatting" as she or he knew the person, agreed to let them stay there etc etc.
I reckon is about some family affair here...;-) A painful saga I also wouldn't talk about openly on a public forum.
Me either but you asked. As for the rest, I totally agree.
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  #43  
Old 20.02.2019, 09:02
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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I'm sorry....what's "squatting"? A (human) right?
Yes, it is a right in many European cities actually. Not sure about CH, but in places like the Netherlands does it go something like this: If houses are left empty can a person decide to move in and gains the right to live there. That was introduced to counter investors buying up cities to speculate on real estate prices but not actually utilize the houses they bought.
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  #44  
Old 20.02.2019, 09:43
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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Yes, it is a right in many European cities actually. Not sure about CH, but in places like the Netherlands does it go something like this: If houses are left empty can a person decide to move in and gains the right to live there. That was introduced to counter investors buying up cities to speculate on real estate prices but not actually utilize the houses they bought.
Used to be like this but not allowed anymore since 2010 or 2012.
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  #45  
Old 20.02.2019, 10:44
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Re: LEGAL HELP: someone lives in our apartment without paying rent

I suggest organizing regular EF parties in there.


More seriously, isn't there a thing called Gewohnheitsrecht in Switzerland? As in, if you've been doing things for years, even without a contract or official permission, then you're allowed to continue? Does that apply to squatters, too?
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Old 20.02.2019, 11:23
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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I suggest organizing regular EF parties in there.


More seriously, isn't there a thing called Gewohnheitsrecht in Switzerland? As in, if you've been doing things for years, even without a contract or official permission, then you're allowed to continue? Does that apply to squatters, too?
Its not that strong of a concept in Switzerland as it is in for example in Germany. The way understand it is it only valid for cases where there are no applicable laws. In other words "If there is no law do we do things the way we always did", not "If you managed to not pay rent for three years can you live for free happily ever after"...
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  #47  
Old 20.02.2019, 11:55
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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He has a whole floor smaller than ours. It was empty at the begining, he managed to find all the furniture from second hand shop.

Yes I think I will write a notice, but as you see we tried many times to tell him to leave, always excuses, "I'll find a job soon." "I am gonna be successful soon." It is just getting ugly. We definitely don't want him with us in the future.
Wow, this is incredible. The situation is objectively speaking completely your fault and you allowed it to continue for about 2.5 years too long. Allowing him an entire floor is just borderline insanity.

Could you not call the police and say you have asked him to leave and he refuses? Ok maybe they can't do anything about it but at least it will show him you are serious and that he is now the focus of some uncomfortable attention.
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  #48  
Old 27.02.2019, 10:04
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Re: LEGAL HELP: someone lives in our apartment without paying rent

As I see it you are in one of the following situations:
- there was an agreement (at least after some time) that he would pay some rent (regardless whether he then actually paid anything, in which case you would have a rent contract with all the legal consequences (and hurdles) for kicking him out;
- there was an agreement that he can use the appartment free of charge for an undetermined amount of time, in which case you have a loan for use (https://www.admin.ch/opc/en/classifi...ni16-ni30-ni31), which can be terminated at any time but generally you would need to set an appropriate deadline to vacate the premise.

More on the topic (in German): https://projekt-interim.ch/wp-conten...ter11985de.pdf
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  #49  
Old 27.02.2019, 13:12
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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Yes, it is a right in many European cities actually. Not sure about CH, but in places like the Netherlands does it go something like this: If houses are left empty can a person decide to move in and gains the right to live there. That was introduced to counter investors buying up cities to speculate on real estate prices but not actually utilize the houses they bought.
Actually Squatting has luckily been made illegal in 2010 in the Netherlands.

Anyway, this person was allowed to move in, so he by definition is no squatter.
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Old 27.02.2019, 13:16
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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I suggest organizing regular EF parties in there.


More seriously, isn't there a thing called Gewohnheitsrecht in Switzerland? As in, if you've been doing things for years, even without a contract or official permission, then you're allowed to continue? Does that apply to squatters, too?
Only civil law knows such, however this cannot be used to demand extension of living in a building, for this the normal laws always apply.
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  #51  
Old 27.02.2019, 18:18
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Re: LEGAL HELP: someone lives in our apartment without paying rent

A friend has a similar case. Guy moved in as a caretaker of the property but did not take care. After a few months of tolerating the guy, they sent him a bill for the rent.
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  #52  
Old 28.02.2019, 23:02
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Re: LEGAL HELP: someone lives in our apartment without paying rent

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Yes, it is a right in many European cities actually. Not sure about CH, but in places like the Netherlands does it go something like this: If houses are left empty can a person decide to move in and gains the right to live there. That was introduced to counter investors buying up cities to speculate on real estate prices but not actually utilize the houses they bought.
If true, this is the stupidest way to confront such problem, by simply creating a bigger one. Why not charge real estate taxes on long-term vacant properties? That would get them moving. Actually, such tax would be great to push apartment owners to rent to minorities and foreigners that they otherwise would never rent to. (Belgium, I am looking at you)
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  #53  
Old 01.03.2019, 08:30
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Re: LEGAL HELP: someone lives in our apartment without paying rent

Bill him, plus back rent for three years and tell him you will inform the Betreibungsamt and that will affect his residency rights. Unless he moves out immediately and if he moves out quickly you will be happy to drop the rent. Find a cheap lawyer to help!
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