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Old 24.01.2023, 10:17
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Landlord failing to release deposit

I left my previous rented property at the end of September last year. In agreement with the landlord at the time, we agreed to pay a pro-rated cost for the 2022 expenses. This was settled (and all other outstanding invoices) between November and mid-December.

I have contacted him several times via email, text message and phone since about when he would release my deposit. It is held in a joint account that requires double signatures to do anything with - so it's not like he can actually do anything with it.

That said, he fails to respond to my requests for further information via email/text message, and when we have spoken to him on the phone he has been incredibly vague as to when he will do the admin required to allow me to withdraw the money.

Ultimately we are waiting on him to complete a little paper work, but as this is not an insignificant sum of money and from my point of view, our relationship ended with him when we settled all final bills, I am frustrated that he is taking so long to do this.

Given the continued radio silence, what are my options here? I have held off contacting ASLOCA yet (we are based in Ticino) and would rather avoid the costs that will come with taking legal action but beyond just waiting on him to pull his finger out I am at a bit of a loss at what more I can do here.

Any thoughts appreciated.
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Old 24.01.2023, 10:39
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Re: Landlord failing to release deposit

Maybe ask the bank that the account is with for advice. Maybe they can send a letter and if he doesn’t respond they’ll release the money?
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Old 24.01.2023, 10:42
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Re: Landlord failing to release deposit

Go bang on his door and look him straight in the eye when you ask the question
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Old 24.01.2023, 10:57
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Re: Landlord failing to release deposit

In the worst you have to wait 12 months after the end of the rental contract.

Than the following applies:

Quote:
Art. 257e Code of Obligations - Security furnished by the tenant

1 Where the tenant of residential or commercial premises furnishes security in the form of cash or negotiable securities, the landlord must deposit it in a bank savings or deposit account in the tenant’s name.

2 In residential leases, the landlord is not entitled to ask for more than three months’ rent by way of security.

3 The bank may release such security only with the consent of both parties or in compliance with a final payment order or final decision of the court. On expiry of one year following the end of the lease, the tenant or lessee may request that the security be returned to him by the bank if no claim has been brought against him by the landlord or lessor.

4 The cantons may enact further provisions.
Before that, when all bills are settled, you can also go to the rental court. See Mieterverband on the subject

https://www.mieterverband.ch/mv/miet...rueckgabe.html
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