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Old 15.10.2020, 09:55
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Re: Someone has got the key of my house!

I would break down the different pieces and send it all in a registered letter with a deadline:

1) The key MUST be returned by date X following which you will involve the police and/or change the locks - cost for which she would be liable.
2) The rent owned based on cancelling the contract on date X is y, kindly transfer it by Z or will be escalated to Betreibung.
3) Once above is completed the deposit will be paid back to you within X days.

And yes legal insurance is a good idea but probably too late in this case.

K
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Old 15.10.2020, 14:28
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Re: Someone has got the key of my house!

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It's not clear to me what the deposit was for. Was it to hold the flat for her, or was it a tiny damage deposit? If it was to hold the flat, I'd say she forfeited it by breaking the contract. If it was for damages, that's another story.
Here is the exact wording from the contract:
  • The term of the tenancy is a periodic tenancy that will commence at 12:00 noon on 10.10.2020 and still continuing monthly for an unlimited period, until one of the parties gives one month’s notice.
  • The rent is 1150CHF per calendar month and paid the month before, on the 28th or the 29th of each month.
  • The deposit is a month’s rent (1150CHF) and paid on the date of execution of this agreement.
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Old 15.10.2020, 17:07
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Re: Someone has got the key of my house!

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It's not clear to me what the deposit was for. Was it to hold the flat for her, or was it a tiny damage deposit? If it was to hold the flat, I'd say she forfeited it by breaking the contract.

And others might say the contract was never completed because the deposit was never paid in full and no rent was paid therefore she has a right to withdraw.
Deposits are often/usually not the security you think they are.
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Old 15.10.2020, 18:24
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Re: Someone has got the key of my house!

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Here is the exact wording from the contract:
  • The term of the tenancy is a periodic tenancy that will commence at 12:00 noon on 10.10.2020 and still continuing monthly for an unlimited period, until one of the parties gives one month’s notice.
  • The rent is 1150CHF per calendar month and paid the month before, on the 28th or the 29th of each month.
  • The deposit is a month’s rent (1150CHF) and paid on the date of execution of this agreement.
I think you may have taken this from another country versus using a Swiss sublet contract and that may cause you trouble now. I would still suggest to try the above.

Do you have legal insurance?
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Old 15.10.2020, 18:40
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Re: Someone has got the key of my house!

I can only speak of my experience regarding the key. We had a tenant who did not return the key despite several requests. We reported the missing key to the police who went promptly to her new address in Lugano and got it back.


She never turned up for the conciliatory hearing which is a prerequisite before going to court, so it went to court and the rent (3 months) was then settled.
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