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  #21  
Old 04.10.2019, 13:06
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Re: Trouble getting off lease

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Can't help a lot here, but if you're worried about her spending your part of the rent money, can you pay it direct into the agency's bank account instead?
No. It's owed to her thus that who he has to transfer it to.
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  #22  
Old 04.10.2019, 13:24
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Re: Trouble getting off lease

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No. It's owed to her thus that who he has to transfer it to.
Why? Because of this?

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t
Ive paid my half of the rent to her as instructed by both lawyers and its documented in a letter from them.
She is now claiming she doesnt have the other half of the rent even though she was paid 2 days ago from her job.
Depends on the exact wording what was agreed. But I would change this arrangement ASAP if she is not using it to pay the rent.
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  #23  
Old 04.10.2019, 13:25
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Can't help a lot here, but if you're worried about her spending your part of the rent money, can you pay it direct into the agency's bank account instead?
I asked the agency if i could pay my half directly to their account and then they only chase her for her half. They said no, that we are both equally responible for 100%.

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Depends on the exact wording what was agreed. But I would change this arrangement ASAP if she is not using it to pay the rent.
I dont like this agreement either and the lawyer did it for the first month while the exact maintenance payments are being calcuated.

Its such a mess... I was assaulted in my own home, hospitalized, had 2 operations... when i got out of hospital i immediately found a new apartment..
Lawyer is dragging his feet 8 weeks now to finalize my visitation and official maintenance payments for my son.

This "transfer money to her" thing was something i didnt like and am not comfortable with and he said its first the first month while the official details finished..

So now, there is 1000 of my money sitting in her account and she is free to buy new shoes or whatever she wants with that..

such a mess ...

Last edited by 3Wishes; 04.10.2019 at 14:11. Reason: merging consecutive replies
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  #24  
Old 04.10.2019, 14:35
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Re: Trouble getting off lease

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Why? Because of this?
No, it's got nothing to do with that. It's simply none of the debtor's business what happens with the money, pure and simple. Otherwise, what would keep you from donating what's owed to some charity?

However, debt and credit to/from the same person can be offset with each other (Obligationenrecht / civil code ß120) if they are similar in nature. So let's assume OP doesn't pay his 50% of the rent to the ex. At some point he'll get chased for the full rent and pays, upon which he should be entitled to offset the two. That still means he pays the full rent, but that's better than paying 150% as he'll probably end up doing now (by paying 50% to the ex AND 100% to the regie).
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Depends on the exact wording what was agreed. But I would change this arrangement ASAP if she is not using it to pay the rent.
Yes, that's a good idea, OP should definitely try that.
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  #25  
Old 04.10.2019, 16:32
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Re: Trouble getting off lease

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I asked the agency if i could pay my half directly to their account and then they only chase her for her half. They said no, that we are both equally responible for 100%.
If you asked it like that than sure the answer is no.

You should have asked this in two separated questions.

1: Can I pay my half of the rent directly to you instead of towards my ex?
I'd be utterly amazed if they said no, now they at least have half instead of nothing.

2: Will you only pursue her for the other half?
Short answer: Nope.

(I tbh would have just transferred it to them, paid is paid)
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  #26  
Old 04.10.2019, 16:43
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Re: Trouble getting off lease

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If you asked it like that than sure the answer is no.

You should have asked this in two separated questions.

1: Can I pay my half of the rent directly to you instead of towards my ex?
I'd be utterly amazed if they said no, now they at least have half instead of nothing.

2: Will you only pursue her for the other half?
Short answer: Nope.

(I tbh would have just transferred it to them, paid is paid)

I asked also if i could pay my haf directly to them, thats what i meant to say. They dont want halves,, they want 100%, one payment.. they wont pursue for a half or two halves..

Paid is paid, not so straight forward.. i wish, but no
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  #27  
Old 05.10.2019, 15:35
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Re: Trouble getting off lease

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I asked also if i could pay my haf directly to them, thats what i meant to say. They dont want halves,, they want 100%, one payment.. they wont pursue for a half or two halves..

Paid is paid, not so straight forward.. i wish, but no
That doesnít mean that you canít make a payment into your landlordís account, it just means that they donít want you to because it is more administrative burden for them to keep track of what is owed and also complicates their claims process. But by doing it anyway youíre not doing anything wrong, they may still pursue you for the rest owed but at least it doesnít get mixed up in the unsettled maintenance situation and you are reducing your obligations under the lease. Doesnít mean youíre not also still on the hook for the rest but at least your ex canít spend the money on anything other than rent. So whatever your next steps are, make no more rent payments to your ex.
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  #28  
Old 05.10.2019, 16:09
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Re: Trouble getting off lease

Even if he does pay 50% their is still 50% which is unpaid and as both parties are on the rental agreement they are equally responsible for this.


As a landlord, I don't really care if 50% is paid, I need 100% paid !


The tenancy is in 2 names, great, the rent is Chf. XXX, just needs to be paid on time, how and from where is not important
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  #29  
Old 05.10.2019, 16:19
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Re: Trouble getting off lease

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That doesnít mean that you canít make a payment into your landlordís account, it just means that they donít want you to because it is more administrative burden for them to keep track of what is owed and also complicates their claims process. But by doing it anyway youíre not doing anything wrong, they may still pursue you for the rest owed but at least it doesnít get mixed up in the unsettled maintenance situation and you are reducing your obligations under the lease. Doesnít mean youíre not also still on the hook for the rest but at least your ex canít spend the money on anything other than rent. So whatever your next steps are, make no more rent payments to your ex.
Actually, OP, I would go this route.
  • You know the rent money is where it is supposed to be.
  • Your share of the rent will come in on regular basis.
  • If she doesn't pay her share, he will notice she's the not reliable one.
  • If he has to pursue you every month (that would be a reminder - Mahnung - no big deal for you but he will have to send one to you as well as to her) he might be very interested in giving a hand in solving this problem
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  #30  
Old 05.10.2019, 16:32
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Re: Trouble getting off lease

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Even if he does pay 50% their is still 50% which is unpaid and as both parties are on the rental agreement they are equally responsible for this.


As a landlord, I don't really care if 50% is paid, I need 100% paid !


The tenancy is in 2 names, great, the rent is Chf. XXX, just needs to be paid on time, how and from where is not important
Yes, everybody in this topic is already aware of this.

The difference is:

OP paid 50% to his wife and there is a debt of 100% for which he is also liable.
OP paid 50% to landlord and there is a debt of 50% for which he is also liable.

Basically the difference between paying 100% or 150% to get the rent paid.
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  #31  
Old 05.10.2019, 17:18
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Re: Trouble getting off lease

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Actually, OP, I would go this route.
  • You know the rent money is where it is supposed to be.
  • Your share of the rent will come in on regular basis.
  • If she doesn't pay her share, he will notice she's the not reliable one.
  • If he has to pursue you every month (that would be a reminder - Mahnung - no big deal for you but he will have to send one to you as well as to her) he might be very interested in giving a hand in solving this problem



The land lord doesn't care.....
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  #32  
Old 05.10.2019, 17:36
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Re: Trouble getting off lease

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The land lord doesn't care.....
That's not really my point (although could be a side-effect when OP's request that they should terminate the contract becomes more and more tempting ).

The point is OP has full control on where his money goes. The first half straight to the landlord. The second half straight to the landlord after the reminder.
The reminder)s) can be a darn good prove if one day he might have to prove - in court - that she is not reliable.
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  #33  
Old 09.10.2019, 14:31
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Re: Trouble getting off lease

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Yes, everybody in this topic is already aware of this.

The difference is:

OP paid 50% to his wife and there is a debt of 100% for which he is also liable.
OP paid 50% to landlord and there is a debt of 50% for which he is also liable.

Basically the difference between paying 100% or 150% to get the rent paid.
thanks to all for their advice, i didnt post for a few days ..
Situation is still the same.. 1000chf of my money sitting in my ex account (maybe she has spent it by now who knows)... waiting any day now for the letter from the Gearance.

Spoke with lawyer this morning and his only advice for now is "speak to your ex and try reason with her... " horrible advice considering the case is ongoing for over 2 years and the reason i hired him in the first place was due to my UN-resasonable ex.

If the rent is not paid by my ex by friday and i assume by then we both will have received the official letter from the Gearance, i will request that my lawyer write to her lawyer to transfer the 1000chf back to my account (tough one i know) and then ill transfer it to my lawyer (which is what i should of done in the beginning but took his advice to transfer to her) and ill write to the Gearance to let them know this.. of course they wont care... they want their money 100%...
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  #34  
Old 09.10.2019, 15:20
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Re: Trouble getting off lease

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.......
If the rent is not paid by my ex by friday and i assume by then we both will have received the official letter from the Gearance, i will request that my lawyer write to her lawyer to transfer the 1000chf back to my account (tough one i know) and then ill transfer it to my lawyer (which is what i should of done in the beginning but took his advice to transfer to her) and ill write to the Gearance to let them know this.. of course they wont care... they want their money 100%...
Aha. And why will you transfer the money she pays back to your lawyer?

Shouldn't you folks just simply pay the rent?
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  #35  
Old 09.10.2019, 15:27
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Re: Trouble getting off lease

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Aha. And why will you transfer the money she pays back to your lawyer?

Shouldn't you folks just simply pay the rent?
-- shes refusing to pay her half of the rent...
-- my lawyer told me to pay my half to her, so that she should pay the rent including her half
-- now she refuses
-- now 1000chf of my money is sitting in her account and im not comfortable with that.

yes of course we should "simply" pay the rent.. impossible when the other person is refusing to do anything
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Old 09.10.2019, 15:30
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Re: Trouble getting off lease

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-- shes refusing to pay her half of the rent...
-- my lawyer told me to pay my half to her, so that she should pay the rent including her half
-- now she refuses
-- now 1000chf of my money is sitting in her account and im not comfortable with that.

yes of course we should "simply" pay the rent.. impossible when the other person is refusing to do anything
Understand all that. What I didn't understand was

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Aha. And why will you transfer the money she pays back to your lawyer? ......
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Old 09.10.2019, 15:35
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Re: Trouble getting off lease

Not the money she pays... shes refusing to pay anything...

im talking about my 1000 that i transfered to her..

its better sitting in my lawyers account than her account... thats if its still there..
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  #38  
Old 09.10.2019, 16:06
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Re: Trouble getting off lease

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Not the money she pays... shes refusing to pay anything...

im talking about my 1000 that i transfered to her..

its better sitting in my lawyers account than her account... thats if its still there..
Pay 1000 to the landlord, even if they want the payment in full. They can then chase you "only" for the other 1000.

Write them a polite letter, apologizing that this month the payment is coming in two halves due to your divorce. Confirm that your half has been paid and that your partner will pay her half directly (they dont need to know that you paid her - that's between you and her).

Ask that what they would suggest as a way forward to terminate the contract or transfer.

As a landlord, if you were my tenant I would prefer to have half the money now; and to get a non-paying, sitting-tenant out asap.
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Old 09.10.2019, 16:14
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Re: Trouble getting off lease

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Pay 1000 to the landlord, even if they want the payment in full. They can then chase you "only" for the other 1000.

Write them a polite letter, apologizing that this month the payment is coming in two halves due to your divorce. Confirm that your half has been paid and that your partner will pay her half directly (they dont need to know that you paid her - that's between you and her).

Ask that what they would suggest as a way forward to terminate the contract or transfer.

As a landlord, if you were my tenant I would prefer to have half the money now; and to get a non-paying, sitting-tenant out asap.

Thank you for your post and this is what i should of done originally.
I took the bad advice from my lawyer and transfered 1000 to my ex. And now she refuses to pay her half or my half or anything.

I dont have an additional 1000 to pay the landlord now, so i will try to get the 1000 back from my ex (wont be easy) and will then transfer to the landlord with a polite letter as you suggest..

wont be easy to get my 1000 back from her considering we are not on speaking terms, so will have to go through lawyer for that.. my lawyer to hers... how can she have so much power ? albeit, temporarily.. it will all blow up in her face and she will be evicted, and of course i dont want that for my son.. its his home also ..
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