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-   -   Only one person named on the rental agreement (https://www.englishforum.ch/housing-general/296947-only-one-person-named-rental-agreement.html)

The Red Door 26.02.2020 19:54

Only one person named on the rental agreement
 
Hello,

My girlfriend (Irish) and I (British) are looking to move to Lugano in a few months time. We are currently in the process of registering a business in Switzerland, along with our Swiss business partner - and intend to issue ourselves employment contracts and apply for residency permits.

We have found an apartment on AirBnB - and the landlord has agreed to a 10 month lease. However, he has stated that he can only register one of us at the address.

He stated that he cannot register both of us to the address, as he would need to find a new address for himself. Despite living abroad, he is currently using the address as his primary residence.

For clarity, we would be renting the entire apartment, and he wouldn't be living in it.

Therefore his solution is to register one of us to property, an addition to himself.

The property is a 2.5 room (1 bedroom) apartment.

As we are looking to move to Switzerland and become tax residents, my concern is that one of us wouldn't be on the rental agreement.

Is there a solution for this situation? Or can we both register at the commune despite not both being on the rental agreement?

Any advice would be much appreciated

Many thanks,

Jon

st2lemans 26.02.2020 20:08

Re: Only one person named on the rental agreement
 
My wife was never on my rental agreement.

Tom

Guest 26.02.2020 20:24

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by st2lemans (Post 3151667)
My wife was never on my rental agreement.

Tom

If you are married it is automatically on both names ;)

As for OP, if the landlord tells you upfront only one of you is allowed to register just avoid all the trouble and drop it and find something else.

Jim2007 26.02.2020 20:37

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by The Red Door (Post 3151658)
Hello,

My girlfriend (Irish) and I (British) are looking to move to Lugano in a few months time. We are currently in the process of registering a business in Switzerland, along with our Swiss business partner - and intend to issue ourselves employment contracts and apply for residency permits.

We have found an apartment on AirBnB - and the landlord has agreed to a 10 month lease. However, he has stated that he can only register one of us at the address.

He stated that he cannot register both of us to the address, as he would need to find a new address for himself. Despite living abroad, he is currently using the address as his primary residence.

For clarity, we would be renting the entire apartment, and he wouldn't be living in it.

Therefore his solution is to register one of us to property, an addition to himself.

The property is a 2.5 room (1 bedroom) apartment.

As we are looking to move to Switzerland and become tax residents, my concern is that one of us wouldn't be on the rental agreement.

Is there a solution for this situation? Or can we both register at the commune despite not both being on the rental agreement?

Any advice would be much appreciated

Many thanks,

Jon


But it is not just about being on the lease agreement.... it's about continuing the pretense that the owner is living there too with you....


If it were me I'd walk away because you could get pulled more into this little charade later. You are new to the country and starting a business, don't take on his baggage.

curley 26.02.2020 20:47

Re: Only one person named on the rental agreement
 
To register and get a permit, your girlfriend needs an address. Possibly when she gives that one the community will claim, the flat is not big enough.

I agree, I would walk away too. I do understand reasons for having an address in Switzerland (by the owner) but he'll have to find a single person. Too much possible hassle for you in this solution.

3Wishes 26.02.2020 21:17

Re: Only one person named on the rental agreement
 
This sounds like a scam, to be honest. Next thing he'll ask you to bank transfer a deposit to his personal account and he'll send someone to meet you with the key. Except that person doesn't exist and you won't get a flat. :(

st2lemans 26.02.2020 21:33

Re: Only one person named on the rental agreement
 
Quote:

If you are married it is automatically on both names ;)
Nope.

I had the place in my name only, girlfriend moved in, we got married, nothing ever changed.

Her name only went on it when we bought it years later.

Tom

Guest 26.02.2020 21:44

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by st2lemans (Post 3151701)
Nope.

I had the place in my name only, girlfriend moved in, we got married, nothing ever changed.

Her name only went on it when we bought it years later.

Tom

Her name will not physically appear on the contract, however she effectively has equal rights and also needs to be cancelled even tho her name is not on the contract.

But you already know all of this it is just that you love to be mr. wiseguy.

st2lemans 26.02.2020 22:22

Re: Only one person named on the rental agreement
 
Quote:

Her name will not physically appear on the contract, however she effectively has equal rights and also needs to be cancelled even tho her name is not on the contract.

But you already know all of this it is just that you love to be mr. wiseguy.
I cancelled with just my signature.

She also bought a house that is only in her name.

This is normal and legal.

Tom

Mrs. Doolittle 26.02.2020 22:31

Re: Only one person named on the rental agreement
 
Never mind walking away from this, run. Don't look back.

miniMia 26.02.2020 22:32

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by 3Wishes (Post 3151698)
This sounds like a scam, to be honest. Next thing he'll ask you to bank transfer a deposit to his personal account and he'll send someone to meet you with the key. Except that person doesn't exist and you won't get a flat. :(

It’s not necessarily a scam. I know people who have done this. But your advice To be careful of scams is important.

If he is still registered at the address he is correct that the commune will come back and say there are too many people in the apartment and ask one to leave.

@Jon, you need to find a different option.

LuganoPirate 26.02.2020 23:08

Re: Only one person named on the rental agreement
 
Not a problem. You can have the rental contract in your name and register the two of you at the Commune. One of the apartments we own is rented to a student who lives there with his girlfriend, and they are both registered at the Commune. In fact she has to be, as she needs the address for her permit. It will of course be you that's responsible for the rent and not her.

However, it is strange that he does not want to put the two of you on the contract. Nothing to stop him using it as his official address while renting to you. I don't have any vacancy at the moment, till end April, but we do short lets, 3 months then monthly notice, so no reason he cannot do the same.

Landers 26.02.2020 23:51

Re: Only one person named on the rental agreement
 
Isn't there a registration process for airbnb-ers now?
Many people want to keep an address in Switzerland in order to have the advantages of tax/rav etc but live and/or work predominantly abroad.

Jim2007 27.02.2020 02:44

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by Landers (Post 3151733)
Isn't there a registration process for airbnb-ers now?
Many people want to keep an address in Switzerland in order to have the advantages of tax/rav etc but live and/or work predominantly abroad.

Well I donít know where you get your many people from because for most people your idea wonít fly for most people for more than a few months at best.

I have over the years know a few Swiss who did this, all of Independent means and happily breaking the law on a regular basis until they were caught out some way.

Jim2007 27.02.2020 02:59

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by 3Wishes (Post 3151698)
This sounds like a scam, to be honest. Next thing he'll ask you to bank transfer a deposit to his personal account and he'll send someone to meet you with the key. Except that person doesn't exist and you won't get a flat. :(

Oh I donít think it is that kind of a scam... but it seems the owner is running some kind of a scam.... probably on the tax authorities.

LuganoPirate 27.02.2020 09:14

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by Jim2007 (Post 3151740)
Oh I donít think it is that kind of a scam... but it seems the owner is running some kind of a scam.... probably on the tax authorities.

i don't think he's scamming the taxman. If the OP is registered at the town hall as renting the property, the taxman will know about it, and the owner will declare the income in his tax return. Could be any number of reasons, health insurance, car ownership, bank account etc.

Guest 27.02.2020 09:51

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by LuganoPirate (Post 3151762)
i don't think he's scamming the taxman. If the OP is registered at the town hall as renting the property, the taxman will know about it, and the owner will declare the income in his tax return. Could be any number of reasons, health insurance, car ownership, bank account etc.

I think he ment to say that the owner might be screwing the tax agency with his own taxations by keeping an address there.

The Red Door 27.02.2020 09:53

Re: Only one person named on the rental agreement
 
Thanks for all the responses everyone !

Two further questions:

1) I understand that in same cases both people dont necessarily need to be on a rental agreement, but for the purposes of both of us being new to the country, unmarried and applying for residency permits, wouldnt it be a necessity at the commune?

2) Is there a rental mechanism that I can suggest to the landlord, whereby he is still registered at the address as a tax resident but both my girlfriend and I are named on the rental agreement. Like a sublet contract ?

The property is currently being let on 1-2 month bookings on AirBnB, and has lots of positive 5 star reviews. I think he basically has a system in place for shorter term leases and he is trying to make it for us on a long term basis.

Thanks again. Very glad to be reading all the responses so far.

Guest 27.02.2020 09:56

Re: Only one person named on the rental agreement
 
Quote:

Originally Posted by The Red Door (Post 3151772)
Thanks for all the responses everyone !

Two further questions:

1) I understand that in same cases both people dont necessarily need to be on a rental agreement, but for the purposes of both of us being new to the country, unmarried and applying for residency permits, wouldnt it be a necessity at the commune?

2) Is there a rental mechanism that I can suggest to the landlord, whereby he is still registered at the address as a tax resident but both my girlfriend and I are named on the rental agreement. Like a sublet contract ?

The property is currently being let on 1-2 month bookings on AirBnB, and has lots of positive 5 star reviews. I think he basically has a system in place for shorter term leases and he is trying to make it for us on a long term basis.

Thanks again. Very glad to be reading all the responses so far.

1: She does not have to be on the rental agreement, you just sign a separate paper that you provide for her and that would be all to be able to have her registered at your home, however your landlord does forbid you this. So you can choose: Have problems with the authorities, have problems with your landlord or find something else without problems.

2: You can propose what you want, if he does not want it, it is end of story.

Axa 27.02.2020 10:24

Re: Only one person named on the rental agreement
 
A bit of background story to help OP understand what happens.

There's a a law to prevent overcrowding in flats and houses to avoid 10 people living in 60 sq m. The enforcement of this law is carried by local authorities, they have a database of the max occupancy for housing units. If the flat was assessed to house 2 people max, the only was to register you and your partner is to deregister the AirBnB host (I'd never call a tenant subletting a "landlord").

Others have commented about the possible motivations to this arrangement. We're not police investigators, so it's not possible to establish if the AirBnB host is into scam or fraud. Albeit, it's sure that he likes a lot to cut corners and get into grey zones. This is a bad start, imagine there's some trouble in a few months with the washing machine or anything else in the flat, you don't want to deal with a person that likes to cut corners.

Finally, never underestimate nosy neighbors. The AirBnB host and you can think of having a plan, while a neighbor may just call the police to tell 'too much people' is living in 'X' flat.

PS. risk Vs reward, unless the guy is subletting the flat for half the price, why risk?


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