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Old 24.01.2020, 00:47
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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!
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Old 24.01.2020, 01:35
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Re: Issue landlord unfair damage claim

Any relevant papers done during the handover?
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Old 24.01.2020, 08:23
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Re: Issue landlord unfair damage claim

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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?
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Old 24.01.2020, 08:25
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Re: Issue landlord unfair damage claim

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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?
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Old 24.01.2020, 08:55
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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.
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Old 24.01.2020, 08:56
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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
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Old 24.01.2020, 10:03
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Re: Issue landlord unfair damage claim

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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
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Old 24.01.2020, 11:42
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Re: Issue landlord unfair damage claim

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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.
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Old 24.01.2020, 11:53
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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
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Old 25.01.2020, 18:49
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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.
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Old 25.01.2020, 20:18
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Re: Issue landlord unfair damage claim

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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.

Last edited by CHnuschti; 25.01.2020 at 20:33.
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