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Old 30.06.2020, 16:00
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Rental agency ridiculous request

We recently moved out of our long term rental house in ticino . The agency was taken over a few years ago , so didnít do the original inventory when we moved in . On handover day The woman was particularly rude , they said they were not happy with the cleaning Etc and there were keys missing from doors, which were missing when we moved in . We got the cleaning agency a second time , I had also already cleaned the house . It was sparkling , So after three cleans they were finally happy they accepted the keys in the presence of the cleaning co . I must add that the next person to take the house is a friend of ours that we found to take on the house. The agency had not even advertised it with a month to go before we moved. We are also good friends of the owners , having lived there for ten years. My husband has still not had his deposit , ( a month ) so he politely emailed asking for it . To be informed that the next tenant ( our friend has written a mail to the agency saying sheís not happy with the fridge or oven ( they are both at least 20 years old ) and also the grass is long ( we cut it the day we left and took pictures ) they require the kitchen ceiling to be painted ( the agency have just had it painted ) and a few other things like cobwebs in the cantina. imagine our surprise when their response to our letter for the deposit was to send us the new tenants email ( sent yesterday ) asking us to rectify the problems including cutting the grass 😂with our friends, or the agency will have to do it and will take the money from the deposit. So a month after we left they are asking us to re clean and cut the grass ! What are peopleís thoughts?
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Old 30.06.2020, 16:05
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Re: Rental agency ridiculous request

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What are peopleís thoughts?
Bullshit.

Do you have legal insurance? If so, use it!

Cobwebs? Cut the grass?

Tom
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Old 30.06.2020, 16:08
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Re: Rental agency ridiculous request

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We recently moved out of our long term rental house in ticino . The agency was taken over a few years ago , so didnít do the original inventory when we moved in . On handover day The woman was particularly rude , they said they were not happy with the cleaning Etc and there were keys missing from doors, which were missing when we moved in . We got the cleaning agency a second time , I had also already cleaned the house . It was sparkling , So after three cleans they were finally happy they accepted the keys in the presence of the cleaning co . I must add that the next person to take the house is a friend of ours that we found to take on the house. The agency had not even advertised it with a month to go before we moved. We are also good friends of the owners , having lived there for ten years. My husband has still not had his deposit , ( a month ) so he politely emailed asking for it . To be informed that the next tenant ( our friend has written a mail to the agency saying sheís not happy with the fridge or oven ( they are both at least 20 years old ) and also the grass is long ( we cut it the day we left and took pictures ) they require the kitchen ceiling to be painted ( the agency have just had it painted ) and a few other things like cobwebs in the cantina. imagine our surprise when their response to our letter for the deposit was to send us the new tenants email ( sent yesterday ) asking us to rectify the problems including cutting the grass 😂with our friends, or the agency will have to do it and will take the money from the deposit. So a month after we left they are asking us to re clean and cut the grass ! What are peopleís thoughts?
You should have had a handover document stating that the agency was happy with the place.

And also deposits can be kept for up to a year so not getting it back yet isn't unusual.
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Old 30.06.2020, 16:10
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Re: Rental agency ridiculous request

Stop with seeing people as friends, or people you like in this and treat it as business.

You had a handover with the agency any problems for which you did not sign (unless hidden and clearly your fault) are their problem.

Did the grass continue growing after your left, did they not see filth somewhere, did they not state that the ceiling had to be repainted etc.. etc.. all their problem.

What the new tenant thinks of the flat, not your problem.

Spiderwebs, not your problem.

Them wanting money from the deposit without you giving a signature to allow such. Their problem, not yours.

Keeping the deposit a few months until all bills like electricity, water, heating and such are all paid for, very normal.
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Old 30.06.2020, 16:10
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Re: Rental agency ridiculous request

I’m not sure until my husband gets home, but if we don’t, I think il consult a solicitor anyway...this was in reply to someone asking if we had legal insurance. We do indeed have a mail from the rental agency saying all is to their satisfaction ...

Last edited by jeanette 2311; 30.06.2020 at 18:33.
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Old 30.06.2020, 16:11
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Re: Rental agency ridiculous request

They are trying it on..... I would write back with a list of the items and clearly state that you refute their claim and do not agree, providing a little evidence.



Usually, once they realise you are informed of your rights, they will back off.
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Old 30.06.2020, 16:13
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Re: Rental agency ridiculous request

The new tenant is mortified .. yes they signed with the cleaning company and accepted the keys .. on 2 June .. I cut the grass and took photos and videos of all the house as I left it .
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Old 30.06.2020, 16:16
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Re: Rental agency ridiculous request

I should add , I know that it can take a while for a deposit, but they informed my husband on handover day ( second time it would be returned that week ) we are not in any rush, but are astonished at their request ...
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Old 30.06.2020, 16:32
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Re: Rental agency ridiculous request

Solicitor? Attorney? Lawyer? What for?

Simply state that your are not responsible for what happens with the property after the handover date this includes but is not limited to solitary spiders squatting in the building and healthy grass growing in the garden. Furthermore, none of these so called issues have been a problem during the handover which means that all was in order and in perfect agreeable condition according the rental contract, customs and law of Switzerland, specially in the context of Art. 267 and 267a Code of Obligations and the prevailing view and standard case-law of the Swiss Federal Court.

With this you are looking forward to receive the deposit in full and without any deductions after the outstanding auxiliary bill charges have been settled.
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Old 30.06.2020, 16:32
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Re: Rental agency ridiculous request

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You should have had a handover document stating that the agency was happy with the place.

And also deposits can be kept for up to a year so not getting it back yet isn't unusual.
You think they didn't? If so, nothing to be surprised about.

Well, they got a witness (the cleaning company). Fridge, oven, cobwebs, walls and ceilings need to be checked at hand-over. The hand-over was done and they got the keys. So tell them their employees obviously need job-training. Claiming damage after hand-over is only for seriously hidden things you obviously caused by bad handling (dishwasher, washing-machine as they can't run a program just to check) or like you left your last two boxes standing on the big stain on the wooden floor (but a good caretaker moves them quietly and has a look) or the shelters don't work/are broken (but a good caretaker checks each and everyone on hand-over) etc.

The grass is a laugh. They do know grass grows and rather fast too?

So much to passing on a flat to "friends". In fact, when I had "Nachmieter", they were present at my hand-over, safes all these troubles. Too late for that too now.
Which reminds me: The cobwebs could have been new. Those little buggers are fast, they build a barrier every night across my stairs to my garden in the time I'm going to bed and greeting the morning sun.

I wouldn't bother taking a lawyer as this is easy. To me, I know the rules and I know how to argue. (and I speak the languages). You could get in touch with your "friends" and ask them what exactly is wrong with fridge, stove and ceiling? They could claim it's old and worn - not your problem but you will know what you're arguing about with the caretaker.
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Old 30.06.2020, 17:45
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Re: Rental agency ridiculous request

Thank you everybody for your replies. We do speak Italian so thatís not a problem, but itís always good to be able to quote laws and sections etc , il keep you posted !
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Old 30.06.2020, 19:56
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Re: Rental agency ridiculous request

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You think they didn't? If so, nothing to be surprised about.
Not having a handover protocol is in the renter's favor as that makes the agency's claims a "he said, she said" situation as long as the renter disputes them.

No handover protocol therefore nothing to pay for by the renter, regardless of the state the house/apartment was in. Probably with the exception of hidden damages.
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