Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 29.09.2021, 03:05
Member
 
Join Date: Jul 2018
Location: TBD
Posts: 156
Groaned at 7 Times in 6 Posts
Thanked 31 Times in 26 Posts
chrisba has earned some respectchrisba has earned some respect
Landlord not paying back deposit for months saying it’s still „in Abklärung“

They said I didn’t clean the toilets well enough on move out (entkalken). Therefore they said they would take some from the deposit to do this. It’s been months now and they keep saying „ Wir klären dies ab und melden uns nochmals bei Ihnen.“

There has to be some time limit, doesn’t there? What is the magic way to make them pay? Send a letter by Einschreiben saying something or other?

Or can they just drag it out forever?
Reply With Quote
  #2  
Old 29.09.2021, 05:57
kri's Avatar
kri kri is offline
Forum Veteran
 
Join Date: Nov 2007
Location: Switzerland
Posts: 1,911
Groaned at 19 Times in 18 Posts
Thanked 1,683 Times in 854 Posts
kri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Legal insurance?

Otherwise indeed Einschreiben letter with a deadline. They are not allowed to keep the whole deposit for covering the cost of 1 thing anyway. Threaten with Debt collection procedure and follow through.

K
Reply With Quote
The following 2 users would like to thank kri for this useful post:
  #3  
Old 29.09.2021, 06:49
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,330
Groaned at 411 Times in 319 Posts
Thanked 17,359 Times in 9,739 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Quote:
View Post
They said I didn’t clean the toilets well enough on move out (entkalken). Therefore they said they would take some from the deposit to do this. It’s been months now and they keep saying „ Wir klären dies ab und melden uns nochmals bei Ihnen.“

There has to be some time limit, doesn’t there? What is the magic way to make them pay? Send a letter by Einschreiben saying something or other?

Or can they just drag it out forever?
The legal time limit is one year.
Reply With Quote
The following 4 users would like to thank Medea Fleecestealer for this useful post:
  #4  
Old 29.09.2021, 07:42
NotAllThere's Avatar
Mod x2
 
Join Date: Oct 2008
Location: Baselland
Posts: 13,883
Groaned at 245 Times in 216 Posts
Thanked 20,500 Times in 8,330 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Also have a chat with your personal liability insurance - you may be covered. When I moved out of rented I got a +3000 bill almost halved when the insurer sent round their loss adjuster and told the landlord to stop taking the piss.

I was in the opposite situation - the landlord want his money back and I was in no hurry...
Reply With Quote
The following 4 users would like to thank NotAllThere for this useful post:
  #5  
Old 29.09.2021, 15:02
Forum Legend
 
Join Date: Oct 2014
Location: SG
Posts: 9,412
Groaned at 499 Times in 370 Posts
Thanked 12,500 Times in 6,485 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Quote:
View Post
They said I didn’t clean the toilets well enough on move out (entkalken).
When did they say that? What does your handover protocol say, and did you sign it?

Generally, apparent issues need to be identified during handover. The landlord may have a couple additional days afterwards, probably subject to the details, but definitely not weeks or months.

If there's neither handover protocol nor a list of issues compiled within days, the landlord is unlikely to hold anything that's considered acceptable proof for apparent issues such as calc deposits in the toilet, meaning they have no way to hold you liable. However, they still have a full year to release the deposit.
Reply With Quote
The following 2 users would like to thank Urs Max for this useful post:
  #6  
Old 29.09.2021, 15:40
Forum Veteran
 
Join Date: Jan 2016
Location: Lugano
Posts: 1,133
Groaned at 17 Times in 15 Posts
Thanked 1,372 Times in 626 Posts
LuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Legally the deposit may be held for 1 year, this is to be sure there is money to pay for heating costs etc which are sent by the administrator to the owner in time for the annual meeting of homeowners. However, today this can be usually calculated very quickly, so there is no real need to hold the deposit this long anymore. We aim to return the deposit on departure and maximum within 10 days.

Another point, the landlord should have held the deposit on a separate account to which you are both signatories. If he hasn't done this then he is breaking the law.
Reply With Quote
The following 2 users would like to thank LuganoPirate for this useful post:
  #7  
Old 30.09.2021, 09:30
Forum Legend
 
Join Date: May 2007
Location: Lugano
Posts: 6,385
Groaned at 125 Times in 92 Posts
Thanked 7,679 Times in 3,590 Posts
Mrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Quote:
View Post
They said I didn’t clean the toilets well enough on move out (entkalken). Therefore they said they would take some from the deposit to do this.
If you used a cleaning firm, this would have been part of the guarantee usually provided by the firm and should have been redone at the handover. If you did the cleaning yourself, you also could have fixed this at the time or settled the matter then and there by agreeing on a sum of money to correct the problem. There should be a written inspection report signed by both parties.

Quote:
View Post
It’s been months now and they keep saying „ Wir klären dies ab und melden uns nochmals bei Ihnen.“

There has to be some time limit, doesn’t there? What is the magic way to make them pay? Send a letter by Einschreiben saying something or other?

Or can they just drag it out forever?
Unfortunately there is no magic way to make them pay. They can take a year, which is a very long time considering that even outstanding utility costs can be settled in far less than a year. The only thing that seems to expedite the matter is leaving the country as there are rules on keeping a bank account in Switzerland if you are no longer resident here, even a rental surety account. Of course this assumes the deposit is held in the proper bank account. If not, then actually there are more options available to you.

Are you dealing with a private landlord or a property management company?

There are many threads on this topic. This is not a new problem so I am not sure why you started a new one.
__________________

Reply With Quote
This user would like to thank Mrs. Doolittle for this useful post:
  #8  
Old 03.10.2021, 22:07
kri's Avatar
kri kri is offline
Forum Veteran
 
Join Date: Nov 2007
Location: Switzerland
Posts: 1,911
Groaned at 19 Times in 18 Posts
Thanked 1,683 Times in 854 Posts
kri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Quote:
View Post
Legally the deposit may be held for 1 year, this is to be sure there is money to pay for heating costs etc which are sent by the administrator to the owner in time for the annual meeting of homeowners. However, today this can be usually calculated very quickly, so there is no real need to hold the deposit this long anymore. We aim to return the deposit on departure and maximum within 10 days.

Another point, the landlord should have held the deposit on a separate account to which you are both signatories. If he hasn't done this then he is breaking the law.
This is not correct. The landlord cannot hold the full amount for 1 yr. Only to cover costs that may come or for dage/ repairs according to protocol. So if it's the heating costs you cannot hold in the thousands.
Reply With Quote
  #9  
Old 04.10.2021, 15:00
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,088
Groaned at 96 Times in 77 Posts
Thanked 12,491 Times in 5,069 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Landlord not paying back deposit for months saying it’s still „in Abklärung“

Quote:
View Post
This is not correct. The landlord cannot hold the full amount for 1 yr. Only to cover costs that may come or for dage/ repairs according to protocol. So if it's the heating costs you cannot hold in the thousands.
Thank you. I learnt something from your post. Of course, I went to read more, because I, too, had thought that it was okay for the landlord to keep the deposit for a year after the end of the rental contract, while the landlord was waiting for all the heating bills. But you are right.

https://www.derbund.ch/wie-lange-dar...n-989573826855
This article sets out that if there are no damages, then the landlord should refund within a month or a few months. And if the landlord cannot - yet - make the calculations about the heating costs, then only the anticipated reasonable portion may be help back, and not the whole deposit.

If, as in OP's case, there are damages, or at least parts deemed not to have been cleaned sufficiently, I'd imagine that the principle would apply by analogy, in that the landlord would be entitled to hold back only as much as would be needed to cover those damages/extra cleaning (plus, of course, the anticipated heating costs) and that the rest should be refunded.
Reply With Quote
This user would like to thank doropfiz for this useful post:
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
Paying deposit to landlord for short-term let? SteveC Housing in general 11 29.04.2019 14:00
landlord not paying back security deposit for rental home selimhan Finance/banking/taxation 7 06.10.2017 17:55
Paying first months rent and security deposit in advance? justiliang Housing in general 21 14.11.2014 18:51
No deposit from the landlord sound89 Housing in general 16 04.07.2013 18:48
Housing Deposit: Getting it Back (what do when when landlord is cheap and dishonest) expat_in_zug Housing in general 5 08.12.2010 22:37


All times are GMT +2. The time now is 07:03.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0