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Old 28.02.2020, 12:03
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Service Apartment delaying to refund the balance rent

Hi there,

Last summer, due to my job situation & personal circumstances - I was forced to find an apartment in Zurich at a short notice. Meanwhile I was still renting an apartment in Lausanne and was not able to release it as the agency in Lausanne was rejecting all applications made by parties who were planning to take over my leave.

So instead of searching for long term lease, I decided to chose a service apartment (in the heart of Zurich city)- studio apartment with 2000 a month rent and a 2000 deposit. Contract says 3 months minimum stay and there after 14 days notice.

I stayed there for 8 months and decided to leave by giving 14 days notice (as the building was quite noisy). I was promised that they would process the refund (2000 deposit + remaining rent for the month as I was vacating the apartment in the middle of the month). I was promised that the refund would be processed within a week. However after a lot of follow-up, after two weeks they have just refunded 2000 so far.

I tried to call them a few times, most of the staff are nice. But there is one particular guy who is extremely rude. Whenever he picks up the phone, he wouldn't provide proper answer as why there was a delay. Yesterday when I called to check why the remaining money was not paid. First he started yelling at me that he has already made the payments and he wouldn't listen to me for 5 minutes. and then he checked the contract & admitted that there was a mistake and he would transfer the funds.

However since I didn't get the money , I tried to call to check whats happening. and voila.. he started shouting at me again. I requested him to be polite and he goes 'As per Swiss laws we can keep your money for 12 months.But we are faster OK..'.. I was kind of offended by his tone and the way he has been treating me.

Lausanne apartment ordeal was soul breaking and now this. Is it normal? Is there anywhere I could file a complaint?
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Old 28.02.2020, 12:07
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Re: Service Apartment delaying to refund the balance rent

Just give them some more time I'd say. Seems like they are bothered by the amount of contact points wether or not you are in your right after their promises they indeed are not forced to release it sort of immediately.
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Old 28.02.2020, 12:08
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Re: Service Apartment delaying to refund the balance rent

Send them a registered letter and tell them by when they have to pay or you will issue a Betreibung later on
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Old 28.02.2020, 12:13
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Re: Service Apartment delaying to refund the balance rent

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Send them a registered letter and tell them by when they have to pay or you will issue a Betreibung later on

Don't forget to include the name of the polite guy in the same paragraph of the Betriebung reference
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Old 28.02.2020, 14:47
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Re: Service Apartment delaying to refund the balance rent

Check that "14 days notice" doesn't in fact mean "14 days to the end of the month", this is Switzerland afterall.
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Old 28.02.2020, 14:55
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Re: Service Apartment delaying to refund the balance rent

Did the rent include heating and electricity. If so they have no reason to withhold anything. If it was on top then they can keep it for up to 12 months. However since now both heating and electric readings can be made real time, they don't have that as an excuse. I have heard the government is now looking into this and the rule may change, though don't hold your breath!
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Old 28.02.2020, 22:40
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Re: Service Apartment delaying to refund the balance rent

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I stayed there for 8 months and decided to leave by giving 14 days notice (as the building was quite noisy). I was promised that they would process the refund (2000 deposit + remaining rent for the month as I was vacating the apartment in the middle of the month). I was promised that the refund would be processed within a week. However after a lot of follow-up, after two weeks they have just refunded 2000 so far.

The exact clause is OR 266e
https://www.mieterverband.ch/mv/miet...es-zimmer.html

Meaning 14 days notice period ON 1-MONTH RENTING PERIODS. So it depends when your renting started and the one-month-periods are counted up from there. Did you understand this point, my impression is no. You got your deposit back. As for the additional refund (=rent payback) for leaving in the middle of the 1-month-period I don't think you have any legal entitlement on that, it was just "promised".
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