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Old 31.08.2020, 18:28
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Fee for not signing a contract

Hello everyone,
I searched through the forum and saw several threads about it dating back to 2012. I'm curious to get a more current opinion/experience.

I applied for an apartment with an agency that was dragging its feet for over a month, first refusing the apartment I applied for, then offering me another apartment in the same building which was impossible to visit since they didn't have the contact information of the tenant, etc.
I was under pressure so after eventually visiting, I informed them that I'm interested to apply and without any further confirmation, to my surprise, they simply informed me that they sent me the contract.

In the meantime I applied for another apartment and got it.

Now the first agency demands a 300 CHF fee for not signing the contract (apparently it was in the application form).

From what I saw on the forum here and other websites, this fee is unlawful:
https://mieterverband.ch/mv/mietrech...haedigung.html

https://www.bonasavoir.ch/917109-frais-de-renonciation

I assume I cannot just ignore the bill they sent me, unlawful or not (Can I?). Does anyone have experience with canceling these fees? Any suggestions on how to deal with it?

Thanks!
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Old 31.08.2020, 18:52
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Re: Fee for not signing a contract

Still the same as in the years past and still the same as in all the other threads on this topic: Null and void.

Write them back and say that after getting legal consultation you regard such a fee is unlawful based on Article 8 of the Unfair Competition Act and Article 16, 19, and 254 Code of Obligation. Hence, you will not pay it and contest any further demand in court if necessary. For further reference they should also have a look into the decision of the Cantonal Tribunal of Thurgau from February 24th 1993.

PS: In this forum it is encouraged to add your question to a similar thread.

Applying for new apartment - any penalty if we pull out?
That clause at the end of application forms
Heinous wording in lease application...
Not signing a lease
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Last edited by aSwissInTheUS; 31.08.2020 at 19:04.
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Old 31.08.2020, 19:21
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Re: Fee for not signing a contract

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Still the same as in the years past and still the same as in all the other threads on this topic: Null and void.

Write them back and say that after getting legal consultation you regard such a fee is unlawful based on Article 8 of the Unfair Competition Act and Article 16, 19, and 254 Code of Obligation. Hence, you will not pay it and contest any further demand in court if necessary. For further reference they should also have a look into the decision of the Cantonal Tribunal of Thurgau from February 24th 1993.

Thanks a lot! Should it be an official letter or would an email be enough?
Quote:
PS: In this forum it is encouraged to add your question to a similar thread.
Will do next time. Felt weird to revive threads from 8 years ago and somehow I missed the recent ones you linked.
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Old 31.08.2020, 19:25
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Re: Fee for not signing a contract

You are right in not ignoring the bill. That's the worst option.

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Thanks a lot! Should it be an official letter or would an email be enough?
Registered mail
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Old 29.10.2020, 14:05
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Re: Fee for not signing a contract

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Hello everyone,
I searched through the forum and saw several threads about it dating back to 2012. I'm curious to get a more current opinion/experience.

I applied for an apartment with an agency that was dragging its feet for over a month, first refusing the apartment I applied for, then offering me another apartment in the same building which was impossible to visit since they didn't have the contact information of the tenant, etc.
I was under pressure so after eventually visiting, I informed them that I'm interested to apply and without any further confirmation, to my surprise, they simply informed me that they sent me the contract.

In the meantime I applied for another apartment and got it.

Now the first agency demands a 300 CHF fee for not signing the contract (apparently it was in the application form).

From what I saw on the forum here and other websites, this fee is unlawful:
https://mieterverband.ch/mv/mietrech...haedigung.html

https://www.bonasavoir.ch/917109-frais-de-renonciation

I assume I cannot just ignore the bill they sent me, unlawful or not (Can I?). Does anyone have experience with canceling these fees? Any suggestions on how to deal with it?

Thanks!
Hi NadyaOs,

How did this conclude in the end?
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