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Old 02.10.2008, 04:56
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Late deposit return - legal options?

Here's my situation -

we moved out of our house at the beginning of July and had an inspection by our landlord. We were past the original 2 year contract and we found our landlord a new tenant who moved in a week after we moved out. - We have now left Switzerland.
Even though we had had the placed thoroughly cleaned, he indicated that further cleaning was needed and furthermore, certain works would need doing (painting for the most part).

This was likely to come to around half of our deposit (which was originally 2 months's rent).

So, not too happy, but with little in the way of options, we have waited since then for the return of our 50%.....

...and are still waiting.

We've emailed our landlord a few times - he told us a while back that he hadn't received the bills yet, but he hasn't replied to our recent mails, reminding him politely that we are owed money.

Does anyone have any insight into how we can move things along, perhaps by taking legal action - he owes us a few throuand francs!


Thanks in advance.....

Ddejay
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Old 02.10.2008, 05:35
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Re: Late deposit return - legal options?

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We've emailed our landlord a few times - he told us a while back that he hadn't received the bills yet, but he hasn't replied to our recent mails, reminding him politely that we are owed money.

Does anyone have any insight into how we can move things along, perhaps by taking legal action - he owes us a few throuand francs!
The bill he might be referring to could possibly be the heating and warm water usage for the whole apartment block. You will either be getting a refund or the final tally might show a deficit which would then be taken out of your deposit money. Personally I've had apartment deposits refunded sometimes 6 months or more after leaving the place.
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Old 02.10.2008, 09:49
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Re: Late deposit return - legal options?

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Does anyone have any insight into how we can move things along, perhaps by taking legal action - he owes us a few throuand francs!
Doesn't he have full one year to return the deposit?
Dangerous comment: Search the forum for similar problems - there was a thread with similar problems.
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Old 02.10.2008, 10:26
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Re: Late deposit return - legal options?

Hi, legally the agency can wait up to one year before returning your deposit. This is what I was told by the www.mieterverband.ch when i had problems with getting the deposit back when I moved flats last time.
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Old 02.10.2008, 23:40
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Re: Late deposit return - legal options?

thanks both

your thoughts are much appreciated

ddejay
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Old 24.11.2009, 22:05
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Re: Late deposit return - legal options?

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The bill he might be referring to could possibly be the heating and warm water usage for the whole apartment block. You will either be getting a refund or the final tally might show a deficit which would then be taken out of your deposit money. Personally I've had apartment deposits refunded sometimes 6 months or more after leaving the place.
6 months or more ? You cannot be serious !
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Old 22.07.2010, 20:23
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Re: Late deposit return - legal options?

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The bill he might be referring to could possibly be the heating and warm water usage for the whole apartment block. You will either be getting a refund or the final tally might show a deficit which would then be taken out of your deposit money. Personally I've had apartment deposits refunded sometimes 6 months or more after leaving the place.
I believe you now..
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Old 22.07.2010, 20:43
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Re: Late deposit return - legal options?

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6 months or more ? You cannot be serious !
I can't comment on it being specifically one year, or more, or less; but it's not uncommon practice for owners to drag their feet to refund the deposit.

They hope you will forget, and most often you will, especially if a year and a half later you still haven't gotten the deposit back.


Persistence is key.


ps: this hasn't happened to me and it wasn't in Switzerland, but I have heard of some renters(real eastate management companies are king at this scam) fighting for two years when the issue wasn't even that there was a problem with the place but only the money not being refunded
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Old 22.07.2010, 21:07
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Re: Late deposit return - legal options?

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I can't comment on it being specifically one year, or more, or less; but it's not uncommon practice for owners to drag their feet to refund the deposit.

They hope you will forget, and most often you will, especially if a year and a half later you still haven't gotten the deposit back. Persistence is key.


]
very few people 'forget'. The 1.5 year thing does not apply here.
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Old 22.07.2010, 21:18
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Re: Late deposit return - legal options?

Unfortunately there is nothing you can do about it for at least 1 year
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Old 22.07.2010, 21:23
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Re: Late deposit return - legal options?

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Unfortunately there is nothing you can do about it for at least 1 year
I know, the law is an ass here in this country.
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Old 23.07.2010, 06:17
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Re: Late deposit return - legal options?

Thought I'd give an update, though this all resolved over year ago

After a lot of hassling, we did get some deposit refunded.

We negotiated a lot and got a bit more than had our money back

It did however leave a bad taste in the mouth about the Swiss.

The guy was very difficult.
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Old 23.07.2010, 10:00
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Re: Late deposit return - legal options?

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I can't comment on it being specifically one year, or more, or less; but it's not uncommon practice for owners to drag their feet to refund the deposit.

They hope you will forget, and most often you will, especially if a year and a half later you still haven't gotten the deposit back.


Persistence is key.


ps: this hasn't happened to me and it wasn't in Switzerland, but I have heard of some renters(real eastate management companies are king at this scam) fighting for two years when the issue wasn't even that there was a problem with the place but only the money not being refunded

there is no such thing as 'forget' in switzerland, the account the deposit is in is in YOUR name, so the landlord can never get hold of it, they can only block it so you can't get hold of it, after a year it automatically gets returned to you unless there is a very good reason why not.

we had grief getting our deposit back, even though the landlord signed the place off, he 'forgot' the forms then dragged his feet, we ended up emailing and phoning the estate agent and him everyday, at his home and business, took a few months but we got it in the end. Turns out he was trying to see if he could use our deposit to totally remodel his garden as he mentioned the landscaping cost the same as our deposit.
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