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Old 08.10.2020, 09:59
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Situation with an apartment Zurich 8002

Hoi Zame,


I would like to ask for advice here on what I can do with the following situation.

I will officially leave Switzerland by beginning of next year, I am practically almost gone. working from home and with a verbal agreement already from next year to make this new home office situation from abroad official.

When I moved-in originally to Zurich almost 10 years ago. I did have the luxury to get a relocation agency which helped me out to get a great apartment in the city center for a very fair price.

During the last 5 years I have been travelling back and forward between Zurich and where I live . I was enjoying a flexible workplace. Now Due to the covid and personal situation, I come up with a proposal to my company to make it official to work from home and they accepted.

I need to leave my apartment and I gave the notice to the inmobilien. I wanted to hand it over to a friend of mine who since he knew about the possibility I will leave CH for good. he was showing interest as he was in my place few times and he knew it was a good deal.

For me was also a good option. It would make my move out a little bit easier. I would give away most of the furniture to him and i will not need to empty the flat. Also he would help me out to move some of the stuff I still have.

I was at the beginning concern the inmobilien will not accept him as next tenant in case they wanted to get back the apartment in the market at a higher cost. I asked for advice in this forum and in the end I contacted the inmobilien and I was open about my intentions, i suggested my friend as nachmieter. They raise the rent a little bit but still fairly priced. A 65 sqm apartment 3Zi ? (Living Room, Kitchen, bedroom) with balcony and in front of the park by Waffenplatzstrasse (Zurich 8002) for around 1580 chf with nebenkosten.

My friend was OK with the new rent, we discussed even further about the furniture but yesterday once it was about to become official he wrote me he will not move in as his girlfriend has different plans.
We were talking about this whole thing for a few months, we spoke regularly about that during the last weeks and till the last two days, he never indicated anything else than hoping he will get the apartment.

I also put some efforts with the inmobilien to make sure he was the right person to take the place.

Now I am in this situation.

-I am abroad, and with no possibilities for traveling due to Covid and some personal situation (I have a 5 months daughter and I can not afford 10 days quarantine in switzerland)

-I can not arrange what I wanted with this apartment. The apartment is furnished and still has partially some of my stuff. I can't arrange viewings or anything.

- The guy in the Immobilien, not sure how he will take that. He is a weird character and now I am not sure if he will consider a new nachmieter or my only option would be to empty the apartment and wait till the notice is finished.

-If in the end my only option is to give the apartment back. I want to ask also what are the rules about in which condition needs to be given back for someone living 9 years and 5 months
The apartment is in good condition, in the last 5 years, I was living less than 50% of the time there. But yes, after this time there are a couple of scratches in the floor and in the walls and stuff like this and I heard some horror stories about absurd claims.
I heard something about 10 years rule.
Is my liability insurance covering?

To be honest, yes. I hope covid relax a ilttle bit, I can travel back and forward to CH without issues and be able to handle the situation but still is a a tricky question.

I appreciate your feedback. Thanks.
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Old 08.10.2020, 10:42
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Re: Situation with an apartment Zurich 8002

Who has acces to the appartment? Since you are abroad you are not using your appartment.

Best solution to me is to:

- Get in touch with your local verwaltung and explain your situation
- Pay someone to get your forniture (try some Brockenhaus they might not charge you for getting al your stuff).
- Leave as soon as possbile

they might be ok with that since hey could rise the price even further. You already explained all your points in your post so i dont exactly get what answers yu are expecting.


The other option is you search for a nachmieter yourself, but as you said this is difficult.
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Old 08.10.2020, 11:04
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Re: Situation with an apartment Zurich 8002

Where is your "friend" in all of this?
The least he could do is to help you out of this mess.

For example have your personal items shiped to you, discard the rest & organise a professional cleaning.
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Old 08.10.2020, 12:12
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Re: Situation with an apartment Zurich 8002

That's why so hard to do business with friends. There's no contract between him and you, so he just runs away without any liability while you're stuck with a contract with the real estate business. Don't worry, it has happened to everyone and we learned liability is an ugly thing.

Well, to get out of the issue you need to return an empty, clean and undamaged apartment. Empty needs no explanation. Clean is a flexible thing, last time I returned an apartment the guy in charge was surprised at how I left the kitchen. He would have accepted a bit less clean anyway, so I got a compliment, ha. One friend told me an anecdote about other person from a real estate company wearing a rubber glove to verify the cleanliness of the bathroom sinks and WC

Now the undamaged issue. In spite of some landlord dreams, things are not eternal even when treated with care. So, there are some estimates about how much thing should last between the landlord association and mieterverband. Read this, the 10 year rule you heard about is a bit more complex: https://www.mieterverband.ch/mv/miet...ertabelle.html for example floors should last between 10-30 years depending on quality of the original install, the paint of the wall 8-15 years. If you stayed there for 10 years, quite probably a lot of the things in the house have already been amortized and the owner has to install new stuff.
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Old 08.10.2020, 15:26
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Re: Situation with an apartment Zurich 8002

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That's why so hard to do business with friends. There's no contract between him and you, so he just runs away without any liability while you're stuck with a contract with the real estate business. Don't worry, it has happened to everyone and we learned liability is an ugly thing.

Well, to get out of the issue you need to return an empty, clean and undamaged apartment. Empty needs no explanation. Clean is a flexible thing, last time I returned an apartment the guy in charge was surprised at how I left the kitchen. He would have accepted a bit less clean anyway, so I got a compliment, ha. One friend told me an anecdote about other person from a real estate company wearing a rubber glove to verify the cleanliness of the bathroom sinks and WC

Now the undamaged issue. In spite of some landlord dreams, things are not eternal even when treated with care. So, there are some estimates about how much thing should last between the landlord association and mieterverband. Read this, the 10 year rule you heard about is a bit more complex: https://www.mieterverband.ch/mv/miet...ertabelle.html for example floors should last between 10-30 years depending on quality of the original install, the paint of the wall 8-15 years. If you stayed there for 10 years, quite probably a lot of the things in the house have already been amortized and the owner has to install new stuff.
Yes, I am worried about the mess I am in with the apartment and the situation with this person I knew for long and it is also a disappoitment.

I have been paying "AXA" insurance for 10 years and I never used. is this the case where if there would be any claims on that they could take care of this ?


Regards,
Jacobo
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Old 08.10.2020, 15:45
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Re: Situation with an apartment Zurich 8002

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Yes, I am worried about the mess I am in with the apartment and the situation with this person I knew for long and it is also a disappoitment.

I have been paying "AXA" insurance for 10 years and I never used. is this the case where if there would be any claims on that they could take care of this ?


Regards,
Jacobo
They might cover some damages, call them & check.
But they will not cover moving out your furniture.
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Old 08.10.2020, 15:59
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Re: Situation with an apartment Zurich 8002

Yes, of course. I am not talking about moving the furniture.
I am just concern a couple of scratches in the living room.
The removal of the furniture i will start working out this with a colleague from work who knows some people who can eventually arrange that for me.

And I would not discharge the possibilty to present another nachmieter despite the terrible impression I created with this "friend".
I will post something on this forum to see if I can find someone i can workout the whole situation with. It is a very good apartment and I give away for free all the furniture. Lets see.

Cheers,
Jacobo.
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Old 08.10.2020, 16:11
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Re: Situation with an apartment Zurich 8002

Here some more info regarding what your private liability insurance covers.

https://blog.homegate.ch/de/wohnungs...-versicherung/

Scratches that came about by accident or normal usage on floors are covered..
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Old 09.10.2020, 10:31
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Re: Situation with an apartment Zurich 8002

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And I would not discharge the possibilty to present another nachmieter despite the terrible impression I created with this "friend".

I wouldn't worry about this. It won't be the first time it's happened, and certainly not the last! No landlord believes an apartment has been rented until the contract is signed and the deposit paid. So many people express such pleasure at finding the place of their dreams, you think it's rented, and then for one reason or another they don't sign!
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