Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 04.01.2021, 19:24
Newbie
 
Join Date: Nov 2020
Location: Geneva
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 1 Post
geneveshibe has no particular reputation at present
sub-landlords not returning my security deposit

I just moved out of a sublet recently. When I first moved to Geneva I did not speak any French and didn't bother to research the laws so I foolishly paid the security deposit directly into the tenant's personal bank account. I later learned the sublet was not declared to the regie and the tenants charged me 200 CHF more than their original rent.



I moved out 30 November and waited for a month to get my deposit back, but silence. I just contacted the tenants again today and they told me there are repairs that need to be done on the apartment and they cannot give me back the deposit until the regie has provided them with the costs/invoices.


I don't have an issue with this in principle, but as you can see from the description above the tenants have a history of not being transparent with me. I am not comfortable sitting around waiting for this to be resolved with no clear deadline.


Here is what I plan to do:


1. Call Asloca in the morning



2. Send the tenants a registered letter stating a deadline to return the deposit by 28 February



3. Open a debt claim with the Office des poursuites, should they fail to meet the deadline (not sure if I should make this threat in the register letter)


Anything I may be missing? Any advice is appreciated.
Reply With Quote
  #2  
Old 04.01.2021, 19:26
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 32,227
Groaned at 2,458 Times in 1,778 Posts
Thanked 39,330 Times in 18,537 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: sub-landlords not returning my security deposit

They can hold it for up to a year, so a month is nothing.

Tom
Reply With Quote
The following 3 users would like to thank st2lemans for this useful post:
  #3  
Old 04.01.2021, 19:35
Newbie
 
Join Date: Nov 2020
Location: Geneva
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 1 Post
geneveshibe has no particular reputation at present
Re: sub-landlords not returning my security deposit

Thanks, that is one thing I am unsure about, whether the rules still apply if this entire sublet was technically illegal. I will have to ask Asloca.
Reply With Quote
  #4  
Old 04.01.2021, 20:43
Forum Legend
 
Join Date: Jun 2008
Location: Switzerland
Posts: 8,638
Groaned at 314 Times in 241 Posts
Thanked 19,833 Times in 6,914 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: sub-landlords not returning my security deposit

Quote:
View Post
I just contacted the tenants again today and they told me there are repairs that need to be done on the apartment and they cannot give me back the deposit until the regie has provided them with the costs/invoices.
Were the defects documented in a protocol at handover?
Reply With Quote
The following 3 users would like to thank k_and_e for this useful post:
  #5  
Old 10.01.2021, 20:37
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 11
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
moongeek has no particular reputation at present
Re: sub-landlords not returning my security deposit

I would like to jump in into this discussion. I'm leaving my flat at the end of January and I'd like to ask you what kind of document should I ask my flatmate, the tenant, to sign before returning the keys, so that I, the subtenant, will be sure to receive my deposit back within a year.
Reply With Quote
  #6  
Old 25.01.2021, 15:56
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 11
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
moongeek has no particular reputation at present
Re: sub-landlords not returning my security deposit

up -- nobody can help? I'll move out this weekend...
Reply With Quote
  #7  
Old 25.01.2021, 18:26
Forum Veteran
 
Join Date: Sep 2020
Location: LaCote
Posts: 1,412
Groaned at 10 Times in 10 Posts
Thanked 2,571 Times in 981 Posts
Sigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond repute
Re: sub-landlords not returning my security deposit

Quote:
View Post
I would like to jump in into this discussion. I'm leaving my flat at the end of January and I'd like to ask you what kind of document should I ask my flatmate, the tenant, to sign before returning the keys, so that I, the subtenant, will be sure to receive my deposit back within a year.
Did you pay the deposit to the agencie/owner or the main tenant?
Is the main tenant also moving out?
Did you just rent a room or the whole apartement?
Was a protocol establishen when you took over?
Reply With Quote
  #8  
Old 25.01.2021, 20:20
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 11
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
moongeek has no particular reputation at present
Re: sub-landlords not returning my security deposit

Quote:
Did you pay the deposit to the agencie/owner or the main tenant?

Directly to my flatmate's bank account. He's the main tenant.


Quote:
Is the main tenant also moving out?

Yes. Not on January 31st, but later, like March.



Quote:
Did you just rent a room or the whole apartement?

I have a singe room.



Quote:
Was a protocol establishen when you took over?

Like an agreement? No. On the contract there's written that he will return the deposit the day I leave the house (Sunday the latest). This is not going to happen as he's not in CH this weekend. He just promised he'll transfer the money on next Monday (February 1st).
Reply With Quote
  #9  
Old 25.01.2021, 20:56
Forum Veteran
 
Join Date: Sep 2020
Location: LaCote
Posts: 1,412
Groaned at 10 Times in 10 Posts
Thanked 2,571 Times in 981 Posts
Sigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond repute
Re: sub-landlords not returning my security deposit

Quote:
View Post
Directly to my flatmate's bank account. He's the main tenant.

Yes. Not on January 31st, but later, like March.

I have a singe room.

Like an agreement? No. On the contract there's written that he will return the deposit the day I leave the house (Sunday the latest). This is not going to happen as he's not in CH this weekend. He just promised he'll transfer the money on next Monday (February 1st).

Normally a protocol is established to note any pre existing faults ex. scratches in parkett, stains etc. This is done so that you cant be blamed for those the day you move out.

Anyway, clean your room and common areas.
If no damage beyond the normal wear & teare has been caused, your deposit should be returned in full.

Again normally after inspection a departing protocol is establised that all parties sign.
Reply With Quote
  #10  
Old 25.01.2021, 23:34
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 11
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
moongeek has no particular reputation at present
Re: sub-landlords not returning my security deposit

Thanks Sigh. That's what I'm asking for: a template for the document I should make my flat mate to sign.
Reply With Quote
  #11  
Old 26.01.2021, 01:37
Forum Veteran
 
Join Date: Sep 2020
Location: LaCote
Posts: 1,412
Groaned at 10 Times in 10 Posts
Thanked 2,571 Times in 981 Posts
Sigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond repute
Re: sub-landlords not returning my security deposit

Quote:
View Post
Thanks Sigh. That's what I'm asking for: a template for the document I should make my flat mate to sign.
You can download a template at

https://www.homegate.ch/c/en/moving/...-over-protocol
Reply With Quote
This user would like to thank Sigh for this useful post:
  #12  
Old 26.01.2021, 13:35
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 11
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
moongeek has no particular reputation at present
Re: sub-landlords not returning my security deposit

Thanks Sigh! How would you use that template? When you check a box, does that highlight a damage to the relative item, or that it is returned in a good state?
Reply With Quote
  #13  
Old 26.01.2021, 14:55
Forum Veteran
 
Join Date: Sep 2020
Location: LaCote
Posts: 1,412
Groaned at 10 Times in 10 Posts
Thanked 2,571 Times in 981 Posts
Sigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond reputeSigh has a reputation beyond repute
Re: sub-landlords not returning my security deposit

Quote:
View Post
Thanks Sigh! How would you use that template? When you check a box, does that highlight a damage to the relative item, or that it is returned in a good state?
In my opinion it would indicate a damage.

So if there is none it should be written at the end of the document & both parties sign.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Where is my security deposit? LeoKing Housing in general 12 15.12.2015 19:39
Day Care Kids Island not returning the deposit Ekaterina Complaints corner 47 24.06.2015 12:25
Landlord still not returning security deposit tari Leaving Switzerland 19 19.07.2013 16:32
Landlady not returning deposit - Help needed please! tigereyeali Housing in general 1 23.04.2013 09:11
Land lord not returning my deposit HariSrinivasan Housing in general 21 17.01.2011 14:42


All times are GMT +2. The time now is 14:35.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0