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-   -   Applying for new apartment - any penalty if we pull out? (https://www.englishforum.ch/housing-general/299288-applying-new-apartment-any-penalty-if-we-pull-out.html)

Nutix 25.07.2020 00:17

Applying for new apartment - any penalty if we pull out?
 
We're looking to move and find something we like, but not sure if we should commit and file an application. Is there usually a penalty if we apply, get accepted, but decide not to proceed later? Thanks.

curiousnomad 25.07.2020 11:43

Re: Applying for new apartment - any penalty if we pull out?
 
I just went through the process of applying for an apartment. It was clearly mentioned on the page from where I downloaded the application form, that I would need to pay 100CHF if I get accepted for the apartment, but turn the offer down.
For me it only makes sense, - they need to spend resources on checking your references, preparing an offer etc.
Having said that, it may be different from place to place. Maybe check with them?

All the best with your apartment hunt.

curley 25.07.2020 15:15

Re: Applying for new apartment - any penalty if we pull out?
 
Quote:

Originally Posted by curiousnomad (Post 3201413)
I just went through the process of applying for an apartment. It was clearly mentioned on the page from where I downloaded the application form, that I would need to pay 100CHF if I get accepted for the apartment, but turn the offer down.
For me it only makes sense, - they need to spend resources on checking your references, preparing an offer etc.
Having said that, it may be different from place to place. Maybe check with them?

All the best with your apartment hunt.

As we say: "Paper is patient". They can write all kinds of stuff, an application for an apartment is not binding. Therefore no costs arise if the applicant does not decide to take the flat.

The only exception would be if you keep pushing for the flat, claiming you want it under all circumstances - and then back out after all.

A simple application is only showing your possible interest in the flat.
See also Saldo (German)

kri 26.07.2020 08:17

Re: Applying for new apartment - any penalty if we pull out?
 
Normally if you are the selected one the Verwaltung/Regie would call you to ask if you still want it. At this point if you say no it's fine and the 100 CHF is not due. But if you tell them yes, they send you the contract and then you back out I think it gets more complicated.

aSwissInTheUS 26.07.2020 13:33

Re: Applying for new apartment - any penalty if we pull out?
 
There is the view that such a penalty is null and void. Surprisingly, as far as we know only one cantonal court has decided on that mater. The Canton Thurgau Obergericht. Verdict: Null and void, even if mentioned on the application form.
https://www.srf.ch/sendungen/kassens...-absagegebuehr

There are only two reasons why there are no more court cases. A) Potential tenants are sheep and just pay w/o any fuss. B) Landlords/agency back away from the this bogus fee once challenged as they know the will lose in court.


Be aware: If you sign and return the contract to the landlord you are fully on the hook. There is no cooling off period or easy way out. The only way to get out is to present a suitable and solvent replacement tenant which will take over the contract as it is.

Gajdzi 26.07.2020 20:57

Re: Applying for new apartment - any penalty if we pull out?
 
Quote:

Originally Posted by aSwissInTheUS (Post 3201592)
The only way to get out is to present a suitable and solvent replacement tenant which will take over the contract as it is.


How to get this done properly? I have a case where I want to give back my apartment to other tenant before end of contract (not terminating the contract). I have provided to my landlord 3 tenants that are interested (they told me they have applied for the apartment). However my landlord keeps telling me that nobody has applied yet.



Any easy way out of such case?

Guest 26.07.2020 22:20

Re: Applying for new apartment - any penalty if we pull out?
 
Quote:

Originally Posted by Gajdzi (Post 3201673)
How to get this done properly? I have a case where I want to give back my apartment to other tenant before end of contract (not terminating the contract). I have provided to my landlord 3 tenants that are interested (they told me they have applied for the apartment). However my landlord keeps telling me that nobody has applied yet.



Any easy way out of such case?

What is ment by "applying" in this situation? Have they sent in all the forms needed, or have they only given a phone/mail showing interest and are either waiting for the forms to fill in or have not yet send them back?

Gajdzi 27.07.2020 00:01

Re: Applying for new apartment - any penalty if we pull out?
 
They've sent all required document to officially apply for an apartment. Ofc I did not asked them to prove it but why 3 people in a row would lie?
What I'm trying to ask is if there is any way to check entire case as something seems to be fishy here (landlord or applicants) :)

aSwissInTheUS 27.07.2020 10:18

Re: Applying for new apartment - any penalty if we pull out?
 
Quote:

Originally Posted by Gajdzi (Post 3201673)
Any easy way out of such case?

Check with your replacement tenant if they actually send in the application and if they got any response from the agency.


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