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-   -   Issue landlord unfair damage claim (https://www.englishforum.ch/housing-general/296338-issue-landlord-unfair-damage-claim.html)

Jeanmi 23.01.2020 23:47

Issue landlord unfair damage claim
 
Hi,

I left a furnished flat end of November. 10 days later he sent me an email with crazy claims, pretending that I would have broken some objects, asking that I use my insurance to pay him that “cost estimation” that he detailed in a rather sketchy way. I answered to him that this was absolutely not true and that using my insurance would be fraud, therefore i was contesting his claim and would not proceed as he suggested. Now, late Jan, so almost two month after I left, he sent me again an email, with new cost estimations, and he s threatening me to go to debt collection office.

Would anyone know how to best deal with that kind of issue? He is totally trying to scare me off, but I wonder how to proceed as Idont want to lean in his request which totally abusive.

Thanks a lot!

Guest 24.01.2020 00:35

Re: Issue landlord unfair damage claim
 
Any relevant papers done during the handover?

omtatsat 24.01.2020 07:23

Re: Issue landlord unfair damage claim
 
Quote:

Originally Posted by Jeanmi (Post 3140035)
Hi,

I left a furnished flat end of November. 10 days later he sent me an email with crazy claims, pretending that I would have broken some objects, asking that I use my insurance to pay him that “cost estimation” that he detailed in a rather sketchy way. I answered to him that this was absolutely not true and that using my insurance would be fraud, therefore i was contesting his claim and would not proceed as he suggested. Now, late Jan, so almost two month after I left, he sent me again an email, with new cost estimations, and he s threatening me to go to debt collection office.

Would anyone know how to best deal with that kind of issue? He is totally trying to scare me off, but I wonder how to proceed as Idont want to lean in his request which totally abusive.

Thanks a lot!

Evidence. Photos?

Chuff 24.01.2020 07:25

Re: Issue landlord unfair damage claim
 
Quote:

Originally Posted by Jeanmi (Post 3140035)
Hi,

I left a furnished flat end of November. 10 days later he sent me an email with crazy claims, pretending that I would have broken some objects, asking that I use my insurance to pay him that “cost estimation” that he detailed in a rather sketchy way. I answered to him that this was absolutely not true and that using my insurance would be fraud, therefore i was contesting his claim and would not proceed as he suggested. Now, late Jan, so almost two month after I left, he sent me again an email, with new cost estimations, and he s threatening me to go to debt collection office.

Would anyone know how to best deal with that kind of issue? He is totally trying to scare me off, but I wonder how to proceed as Idont want to lean in his request which totally abusive.

Thanks a lot!

Look at the handover papers... did he perform ans sign a full inventory that said everything was ok?

NotAllThere 24.01.2020 07:55

Re: Issue landlord unfair damage claim
 
When my ex-landlord made dubious claims, I handed it over to my insurer. Who contested it for me - reducing a 3K bill to a not unreasonable few hundred francs. He claims against your insurance. Call your insurer, ask them what to do. Do not mention fraud at this time - that's their decision not yours.

Guest 24.01.2020 07:56

Re: Issue landlord unfair damage claim
 
Go speak with your insurance company about your worries of fraudulent claims and then tell the guy you're speaking with the insurance company about fraudulent claims with his email as evidence.


It may sharpen his way of thinking ;)

Jeanmi 24.01.2020 09:03

Re: Issue landlord unfair damage claim
 
Quote:

Originally Posted by Chuff (Post 3140055)
Look at the handover papers... did he perform ans sign a full inventory that said everything was ok?

There was no such formal handover. He was travelling when I left on the last day of the agreement so I left and left the key in the mailbox as had been agreed with him on the phone...

Thanks a lot

Axa 24.01.2020 10:42

Re: Issue landlord unfair damage claim
 
Quote:

Originally Posted by Jeanmi (Post 3140073)
There was no such formal handover. He was travelling when I left on the last day of the agreement so I left and left the key in the mailbox as had been agreed with him on the phone...

Thanks a lot

A handover comprises verifying every room in the room in the property and comparing to the notes written when you arrived to the apartment. At that moment any damage is discussed and/or reported and you sign. If there's no damage, you leave with a document from the landlord attesting this.

On the other hand, not sure he can claim any damages if did not follow the formal handover procedure. How he can prove the damage was done by you?

The insurance suggestion from others is good. They are experts on this king of discussions.

bigblue2 24.01.2020 10:53

Re: Issue landlord unfair damage claim
 
if you have insurance just turn it all over to them, stating its BS, they are well used to this kind of thing.

if you have no insurance just tell the landlord, its bs, you don't have insurance and you ain't paying

orangecat 25.01.2020 17:49

Re: Issue landlord unfair damage claim
 
You can seek help from mieterverband (the tenant’s association). I was in the same situation and the main issue in the end was the handover papers were not signed, so the claim was not valid. I took the landlord to arbitration with mieterverband and didn’t pay a penny in the end. My landlord was know for doing fake claims and trying to scam insurance (according to previous tenants that had moved out). Mieterverband membership is few hundred CHF year but it is worth it. I had legal insurance on top of it but realized that Mieterverband membership also includes a legal insurance do deal with such matters. I have also requested Mieterverband to be present at handovers as a witness since then to avoid any issues.

CHnuschti 25.01.2020 19:18

Re: Issue landlord unfair damage claim
 
Quote:

Originally Posted by Jeanmi (Post 3140035)
Hi,

I left a furnished flat end of November. 10 days later he sent me an email with crazy claims, pretending that I would have broken some objects, asking that I use my insurance to pay him that “cost estimation” that he detailed in a rather sketchy way.


Since you did not sign a handover document (generally a bad idea, IMO), you can not be made liable for any damages in first place, unless the landlord can prove them. But there is an additional clause: the landlord has to inspect/check the object anyway after handover=termination of contract, in order to assess possible damages OR 267a. And in case of such, he must inform you "sofort/innert Tagen" (translates with immediatley/within days) about them. If he doesn't, he loses the rights for claim of compensation. Additional papers of experts etc. assess the timeframe as "2-3 business days, not more than a week". If the said 10 days are true, then you're probably already out of any responsability.

On the other hand it's a bit strange the landlord comes right away with "insurance", since such "regulation" is not his business, but left to you in first place. But also on the other hand, during a handover there are usually some reasonable smaller damages for which the tenant is responsible for.


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