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| The main issue to clear up is did she add you as an equal co-inhabitant / joint-main-tenant to the contract, where probably you're both responsible for any costs including rent and final clean, | |
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Te original main tenant can not simply add another tenant to the lease. It would also be hugely impractical. All tenants named on the main contract have the same rights, obligations, and bear a joint liability. To get one tenant from the main contract all involved parties must agree, including landlord. Cancellation from the tenants side is only possible if all tenants agree (or by court order). Cancellation from the landlord must be sent to each tenant individually.
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| or are you in fact a *sub*-renter whereby you'll only be liable for costs according to the contract between you and her e.g. cleaning of sofa? If no such written contract exists then one could be implied but it wouldn't have such specifics as sofa cleaning. | |
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For anything not stated or handled by contract the default from the Swiss Code of Obligations applies. A sub-lease is governed by the general lease conditions. Regarding condition at return of the object
Art. 267 Abs. 1 Code of Obligations is relevant:
"At the end of the lease, the tenant or lessee must return the object in a condition that accords with its contractually designated use."
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| That she asks you to pay for her sofas is rediculous. Maybe she thinks your insurance will pay, if you have one. | |
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Depends on if the condition of the sofa is in a state which is in accord with its contractually designated use.
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| It could be that the agency deems you as co-inhabitant, she pays the rent for you both and then you pay her your 'share'. In your mind, you're very much a sub-tenant and it wouldn't be reasonable to ask you to pay for final clean (unless specified in a contract). | |
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Co-inhabitant and sub-tenant are legally the same: An agreement between the main tenant and an other person living their which is not the main tenant. Note: Spouses and registered partners living at the same rental place are considered co-tenants even if only one is named on the contract.
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| Otherwise sounds like she's taking you for a ride. | |
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Totally. Certainly. Nevertheless on should know the basic end of lease obligations as a sub-tenant.
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I assume "die Ganze Wohnung" has not been ticked. Strange if it were, and bad if it is.
The above sub-tenancy contract refers to the side agreements and clauses of the main rental contract, which you, according the above contract are aware of. The clauses of main contract also apply to the sub-contract.
Normally, a usual main rental contracts defines that the property must be handed back in "thorough cleaned" condition. If it does not state so it has to be "broom clean" only.
You will have to clean and bear the repair costs (unless it was damaged when you moved in) for anything for which you have the exclusive rights of use listed under "Teile der Wohnung".
You do not have to bear the cleaning or repair (unless you actually caused the damage) of anything which you do not have any rights of use. (The rooms neither listed in "Teile der Wohnung" nor "inkl. Mitbenützung").
Cleaning of the rooms listed under "inkl. Mitbenützung" is the hot topic. She has been there for many years, you only a short time. You seem to clean them and she does not so much. So who has to bear what share of the end of tenancy cleaning?