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Old 11.02.2021, 20:28
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Rent deposit not returned

I left my old apartment more than 7 months ago. At the time time, the rental agency told they were going to send me a form with bills amount, and then wire me back the deposit (in case there is something to repair. But there should not be. Everything went fine when I gave back the keys to the agent. We signed a document describing the state of the apartment. No damage was noted).
The problem is that the agency is not answering my emails since a couple of months. No information on when they are going to send me the form if ever.

What should I do? Should I send a registered mail to them?

Thank you
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  #2  
Old 11.02.2021, 20:40
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Re: Rent deposit not returned

They can block your deposit for up to 1 year for potential claims like paying the final NK bill. After 1 year without claims the bank will release it no questions asked
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  #3  
Old 11.02.2021, 21:46
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Re: Rent deposit not returned

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They can block your deposit for up to 1 year for potential claims like paying the final NK bill. After 1 year without claims the bank will release it no questions asked
Not really. They can keep a reserve for the closure of NK but not the whole deposit.

OP yes send a registered letter demanding release of the guarantee by date X.

OP do you have legal insurance?
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Old 12.02.2021, 00:21
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Re: Rent deposit not returned

Do you have legal insurance. A nicely worded letter from the lawyer will expedite things especially if they are not answering to your repeated inquiries.
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Old 12.02.2021, 00:44
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Re: Rent deposit not returned

indeed this is strange if you have a protocol with no damage.

OP, was the deposit paid into a withholding account?

I would send them a registered letter with a copy of the protocol showing no damage giving them 30 days to release the deposit. There seems to be no reason to withhold any of it.
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Old 12.02.2021, 10:09
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Re: Rent deposit not returned

Same advice as above, Email doesn't work. Registered letter with a copy of the leaving protocol, copy of your bank info and a deadline of 1 month should get the process moving.
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Old 12.02.2021, 10:31
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Re: Rent deposit not returned

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They can block your deposit for up to 1 year for potential claims like paying the final NK bill. After 1 year without claims the bank will release it no questions asked
Not exactly. If only it was this simple. The bank will contact the landlord before they release the deposit. If the landlord does not reply and you have sent the bank the protocol showing that nothing is to be deducted from the deposit then the funds should be released.
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Old 12.02.2021, 10:39
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Re: Rent deposit not returned

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Not exactly. If only it was this simple. The bank will contact the landlord before they release the deposit.
In addition, doing so before the one year is up might result in nothing put the bank point you to Art. 257e Abs. 3 Code of Obligations wehere it is stated that the bank has do nothing at the moment.
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Old 12.02.2021, 11:22
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Re: Rent deposit not returned

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I left my old apartment more than 7 months ago. At the time time, the rental agency told they were going to send me a form with bills amount, and then wire me back the deposit (in case there is something to repair. But there should not be. Everything went fine when I gave back the keys to the agent. We signed a document describing the state of the apartment. No damage was noted).
The problem is that the agency is not answering my emails since a couple of months. No information on when they are going to send me the form if ever.

What should I do? Should I send a registered mail to them?

Thank you
You haven't called them?
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Old 12.02.2021, 13:07
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Re: Rent deposit not returned

Now I understand why my colleagues called me a fool to put the money in the deposit instead of taking SwissCaution guarantee.

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In addition, doing so before the one year is up might result in nothing put the bank point you to Art. 257e Abs. 3 Code of Obligations wehere it is stated that the bank has do nothing at the moment.
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Old 12.02.2021, 13:18
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Re: Rent deposit not returned

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Now I understand why my colleagues called me a fool to put the money in the deposit instead of taking SwissCaution guarantee.
Would have been the same. You would have to pay the outrageous SwissCaution fee for another year. If you need the money you can get a small consumer loan for much less than you pay for a caution insurance.

https://www.migrosbank.ch/de/privatp...vatkredit.html
vs.
https://www.mietkautionschweiz.ch/pr...nden/vergleich
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Old 21.02.2021, 08:36
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Re: Rent deposit not returned

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If deposit is a lot of money a letter by lawyer [it'll be a lit expensive] will do the job! When courts are mentioned in Swiss the whole conversation tone changes
What exactly is the lawyer going to write?

"I know I have absolutely no legal basis for this, but please give the money back anyway" ?

a. I doubt they would do anything other than point to exactly the same law that ASITUS did
b. they would charge you for the advice
c. even if they did write the letter (which they would also charge for), it wouldn't work
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Old 06.03.2021, 10:50
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Re: Rent deposit not returned

Thanks everyone.
- It is hard to call them when I don't speak german.
- We used to communicate by email and the response was fast.
- The deposit was wired to the apartment owner account directly.
- I have sent a registered email asking them to return the deposit no later than 1 year since I left the apartment. I have several colleagues that advised me to do this from the beginning, but I was avoiding to be formal since the relationship with the agency was good.
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Old 06.03.2021, 11:00
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Re: Rent deposit not returned

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- I have sent a registered email
There is no such thing.

Tom
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Old 06.03.2021, 12:37
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Re: Rent deposit not returned

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There is no such thing.

Tom
Sorry, I meant registered mail
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