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Old 30.04.2020, 12:18
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Obligations leaving a house with garden

Hi all,

I am going to move from a house with a garden, the owner alleges that we have not taken care enough of it and that he needs to make arrangements including putting in a new lawn, which seems exaggerated but it depends on the point of view. After a serious discussion and letting him know that we thought it was too much, we reached an agreement on what was fair, leaving it as he gave it to us. We have really only planted a few new plants so it won't be difficult to just remove them. Now my doubt is that he wants the gardener to come a week before our departure to prepare the garden for the new tenants, who will enter the day after our departure, is it normal to do this? Am I really obligated to allow such arrangements to be made before my departure? Having all this work doing at "my still property"?

Thanks and cheers!
A
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Old 30.04.2020, 12:33
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Re: Obligations leaving a house with garden

A quick look into the law can help to answer your question.

Art. 257h Code of Obligations
https://www.admin.ch/opc/en/classifi...dex.html#a257h
Quote:
Duty of tolerance

1 The tenant or lessee must tolerate works intended to remedy defects in the object or to repair or prevent damage.

2 The tenant or lessee must permit the landlord or lessor to inspect the object to the extent required for maintenance, sale or future leasing.

3 The landlord or lessor must inform the tenant or lessee of works and inspections in good time and take all due account of the latter’s interests when they are carried out; all claims of the tenant or lessee for reduction of the rent (Art. 259d) and for damages (Art. 259e) are reserved.
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Old 30.04.2020, 12:48
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Re: Obligations leaving a house with garden

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Hi all,

I am going to move from a house with a garden, the owner alleges that we have not taken care enough of it and that he needs to make arrangements including putting in a new lawn, which seems exaggerated but it depends on the point of view. After a serious discussion and letting him know that we thought it was too much, we reached an agreement on what was fair, leaving it as he gave it to us. We have really only planted a few new plants so it won't be difficult to just remove them. Now my doubt is that he wants the gardener to come a week before our departure to prepare the garden for the new tenants, who will enter the day after our departure, is it normal to do this? Am I really obligated to allow such arrangements to be made before my departure? Having all this work doing at "my still property"?

Thanks and cheers!
A
If you were taking possession of the house, wouldn’t you expect it to be in perfect condition the day you moved in, and not a week or six later?

If you don’t have a valid reason to say no, which it appears, you will just have to live with it.
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Old 30.04.2020, 13:16
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Re: Obligations leaving a house with garden

Did you take pictures of the garden when you took over the flat? How does it look now?
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Old 30.04.2020, 13:21
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Re: Obligations leaving a house with garden

I can't believe any Swiss landlord would know anything about lawns...
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Old 30.04.2020, 14:40
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Re: Obligations leaving a house with garden

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If you were taking possession of the house, wouldn’t you expect it to be in perfect condition the day you moved in, and not a week or six later?

If you don’t have a valid reason to say no, which it appears, you will just have to live with it.

Yes, of course!, that is why I will leave it at the same conditions I received it. It seems that the landlord prefers to have a final professional maintenance even though.
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Old 30.04.2020, 14:41
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Re: Obligations leaving a house with garden

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Did you take pictures of the garden when you took over the flat? How does it look now?
Yes, we will arrange it to leave it at the same.
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Old 30.04.2020, 15:01
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Re: Obligations leaving a house with garden

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Yes, we will arrange it to leave it at the same.
Then I would inform the landlord of this and say you are not going to pay for the lawn. Send any photos to your third party insurance informing them of what the landlord is claiming. The only problem might be your deposit. It may get frozen until this issue is sorted
 




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