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  #21  
Old 02.04.2021, 23:09
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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You are in this mess because you acted like a total amateur and continue acting like one ("sat down for coffee", etc). The golden rule is no keys handover without deposit and rent paid upfront
You are right. I had been too lenient.
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  #22  
Old 02.04.2021, 23:14
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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Thanks all for your inputs.
So I had a chat with him today. He has asked for one more week to sort out everything. He mentioned SwissCaution had sent a form for my signature (which I never received) and he will ask again on Tuesday.

I do not believe most things he is saying. I will post updates next week.
Be very, very careful about what you're signing!
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  #23  
Old 03.04.2021, 00:44
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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Thanks all for your inputs.
So I had a chat with him today. He has asked for one more week to sort out everything.
By law you have to give him at least 30 days. And it has to be done over registered mail, not some chit chats, else it doesn't count - your tenant is probably well aware of that and you're not. It's just stalling for time. Send the letter first thing after holidays, show him finally that you mean business and kick off the eviction process with it.
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Old 03.04.2021, 11:25
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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I am a new landlord and I rented out my basement apartment in Jan 2021.

Terms of the agreement (as part of Rental Agreement) were that the tenant will submit Swisscaution at the time of move. Due to holiday period, I granted him 15 days grace period. Till now he has not submitted SwissCaution and nor paid the 3 month deposit.

For the rent: he had paid the rent for 3 months (Jan-March) altogether. Now in April, he has not paid the rent yet which was due on last day of the previous month.

I would like to ask what options do I have, if I decide to go ahead with legal route?

I have a written rental agreement and have issued him the receipt acknowledgment for rent paid.

I have not issued any invoice as he is supposed to pay the rent in the bank account mentioned in the contract. Should I issue an invoice (red slip)? If so, anyone know how I can do that?

Thanks a lot
You should not have accepted 3 months of rent up front. You could have applied 2 months to the rental deposit, 1 months to rent. This in fact would put him more into arrears on the rent.

You were in the wrong to start. The lease agreement states that a deposit secures the agreement. No deposit=no valid lease agreement.

The legal system isn't sympathetic to a new landlord who doesn't understand the rental process.
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  #25  
Old 03.04.2021, 14:12
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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You were in the wrong to start. The lease agreement states that a deposit secures the agreement. No deposit=no valid lease agreement.

The legal system isn't sympathetic to a new landlord who doesn't understand the rental process.
This is not true - the tenant signed the lease agreement and moved in therefore it is clearly accepted by them. It can’t be voided by their failure to deliver if the landlord does not accept this, otherwise anyone who wanted to get out of a contract could just do this.

The landlord is entitled to give leeway on payment terms without it voiding the whole agreement. In fact a court would encourage a reasonable effort to find viable payment terms, without the landlord losing their rights.
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Old 03.04.2021, 18:53
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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Thanks all for your inputs.
So I had a chat with him today. He has asked for one more week to sort out everything. He mentioned SwissCaution had sent a form for my signature (which I never received) and he will ask again on Tuesday.

I do not believe most things he is saying. I will post updates next week.
I hope that this doesn't mean that you'll just sit and wait in meantime?

Just keep repeating to yourself - you're not being bad landlord if you're formal and professional.
And being professional includes sending official letters. Don't be afraid to do it.
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Old 11.04.2021, 09:18
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Re: Issues with Tenant (Deposit & Rent Not Paid)

Short update here.
I had sent him a registered letter giving time indication for payment of rent and submission of SwissCaution.

He has paid the rent for this month and SwissCaution is still awaiting. He has time until end of next week to get this solved.

Thanks for all your inputs.
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  #28  
Old 11.04.2021, 16:38
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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And about the tenant, react fast. You gave more than enough leeway. Also, you don't have to worry about 'not looking like a nice landlord', they aren't nice tenants. Be polite, formal and firm. It's your property and your money. Tenant has rights for decent living conditions and cooperation but doesn't have right to cheat you.
This.

If the renter fails to keep to the contract right from the start, why would anyone assume that he'll keep it later on?

OP, you may want to join the HausEigentümerVerband, the homeowners association, their newspaper is an information trove. See here for a quick overview on the required proceedings for eviction.
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  #29  
Old 23.04.2021, 23:46
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Re: Issues with Tenant (Deposit & Rent Not Paid)

hey saver, did you manage to resolve the issues with the tenant?
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  #30  
Old 24.04.2021, 11:04
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Re: Issues with Tenant (Deposit & Rent Not Paid)

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Thanks all for your inputs.
So I had a chat with him today. He has asked for one more week to sort out everything. He mentioned SwissCaution had sent a form for my signature (which I never received) and he will ask again on Tuesday.

I do not believe most things he is saying. I will post updates next week.
Sorry, I'm with the others - document, document, document. Now is the time to send him a reg letter documenting what you have agreed (no verbals only!). As you have (for some reason) agreed to him having yet another week, state that he has a maximum deadline of 7 days for SwissCaution to be sorted or you will initiate eviction proceedings.

Charming rogues are difficult to deal with because they always sound so damned reasonable and hence get away with all sorts for far too long. But he's taken you for a ride for long enough, you've got to get tough now. You've given him plenty of rope, now's time for him to hang.

Although what nobody has asked you yet is exactly what do you want to achieve out of this? What happens if he does stump up the SwissCaution? Do you really want a tenant that takes advantage of you? As Maya Angelou said, when someone shows you who they are, believe them.

ETA: ah didn't see the second page so I'm late. What I said stands though.

Last edited by eng_ch; 24.04.2021 at 11:06. Reason: Inability to look at page numbers or dates
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