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Old 10.05.2010, 20:21
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Landlord Demands 3 months Rent Up Front !

A non EU B permit holder who has lived her for several months was initially referred to me by a client but then acted on their own after the application was submitted.

The monthly rent is well within the limits of affordability. The landlord insisted on the rent being paid 3 months at a time. This is the montly rent to be paid in future 3 months at at time. This is not the rent deposit. 3 months rent deposit has supposedly been paid directly to the landlord, not into a bank account.

Talk about a landlord who thinks a tenant is going to do a runner and always wants to be holding extra rent. A landlord would never pull this stunt with a Swiss person because they would not get away with it.

None of the agencies or landlords I deal with have ever demanded conditions such as this. Had I been involved, I would never have allowed this person to go along with such an agreement. I can very well imagine the landlord keeping all the extra money.
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Old 10.05.2010, 20:23
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Re: Landlord Demands 3 months Rent Up Front !

Sounds like you need to name and shame...


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A non EU B permit holder who has lived her for several months was initially referred to me by a client but then acted on their own after the application was submitted.

The monthly rent is well within the limits of affordability. The landlord insisted on the rent being paid 3 months at a time. This is the montly rent to be paid in future 3 months at at time. This is not the rent deposit. 3 months rent deposit has supposedly been paid directly to the landlord, not into a bank account.

Talk about a landlord who thinks a tenant is going to do a runner and always wants to be holding extra rent. A landlord would never pull this stunt with a Swiss person because they would not get away with it.

None of the agencies or landlords I deal with have ever demanded conditions such as this. Had I been involved, I would never have allowed this person to go along with such an agreement. I can very well imagine the landlord keeping all the extra money.
Cheers,
Nick
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Old 10.05.2010, 20:27
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Re: Landlord Demands 3 months Rent Up Front !

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None of the agencies or landlords I deal with have ever demanded conditions such as this.
Well, I'm at least glad to hear this part. Most things I read about apartment hunting around here sounds scary.

I am half tempted to move into a place sight unseen and let my Swiss husband do all the work. I'd hate to negatively influence any part of our application.
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Old 10.05.2010, 20:29
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Re: Landlord Demands 3 months Rent Up Front !

Yes, that sounds decidedly dodgy to me, not to mention unethical. I can beat that though - one landlord here said that because he had had problems with previous tenants he required a year's rent in advance. Needless to say, we told him to take a hike (in a nice way).
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Old 10.05.2010, 20:35
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Re: Landlord Demands 3 months Rent Up Front !

3 months rent deposit has supposedly been paid directly to the landlord, not into a bank account.


That's illegal in Switzerland, if the landlord keeps it in his private account. According to the Renter's Assoc. the money must be immediatelly transferred into a savings account (rent deposit account) in the renters name - and the landlord is required by law to reveal the name of the bank where he has placed the money and the details of the account - which the renter can check on. Evidently this is something which is not always adherred to. Here is an excerpt from the Renter's Assoc.:

Wie muss das Mietzinsdepot angelegt werden?
Der Vermieter darf die Kaution nicht auf ein eigenes privates Konto überweisen.
Vielmehr schreibt das Gesetz vor, dass das Geld unverzüglich nach Erhalt
auf den Namen der Mieterschaft bei einer Bank auf einem Sparkonto oder auf
einem Sparheft (Mietzinskautionskonto) hinterlegt werden muss. Im weiteren ist
der Vermieter verpflichtet, der Mieterschaft den Namen der Bank und und die
genaue Bezeichnung der Hinterlegung bekanntzugeben. Wie die Praxis zeigt,
werden diese Vorschriften häufig missachtet. Sie können jedoch jederzeit die
korrekte Anlage Ihres Depots auf einer Bank auf ihren Namen verlangen.

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Old 10.05.2010, 20:40
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Re: Landlord Demands 3 months Rent Up Front !

Make sure they get receipts and get the deposit moved into a proper account.
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Old 10.05.2010, 20:54
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Re: Landlord Demands 3 months Rent Up Front !

i have been told by a good sorce that 3 months is the max that a landlord can ask for up front ......bloody landlords , as if they dont have enough money
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Old 10.05.2010, 21:13
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Re: Landlord Demands 3 months Rent Up Front !

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Well, I'm at least glad to hear this part. Most things I read about apartment hunting around here sounds scary.
That is because most of what is posted here are the worst case scenarios; for moving in, for moving out, etc... Nobody talks about the 'norm' because it is the way things should happen. Thus, it doesn't make for a good story or a 'lesson learned'.

A landlord pushes the situation and asks for something unreasonable. People are then, in the first place, willing to pay this or do that. If you think you are getting screwed, you probably are. And no matter how great the place is or how hard you looked, it is still partly your fault if you allow the wool to be pulled over your eyes, so to speak.

It doesn't make it right when a landlord takes advantage, but some responsibility lies with the person that got screwed for not checking his sources and/or doing his own research. There is obviously a wealth of knowledge and plenty of people willing to give advice (as is evident here).

I am not talking specifically about this case, but just in general. I think the majority of us have an alright experience with housing. We just don't talk about it because it isn't news-worthy.
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Old 10.05.2010, 21:45
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Re: Landlord Demands 3 months Rent Up Front !

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Sounds like you need to name and shame...

Cheers,
Nick
It's very tempting.....I will say this. It's a small agency, local to this region.

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It doesn't make it right when a landlord takes advantage, but some responsibility lies with the person that got screwed for not checking his sources and/or doing his own research.
A landlord is not on the tenant's side. He is looking after his own interests. If a tenant doesn't do the same, he has no one to blame but himself.
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Old 11.05.2010, 07:00
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Re: Landlord Demands 3 months Rent Up Front !

It sounds like someone needs to play hardball with this landlord.

They are already in breach of Art 257e of the Law of Obligations with regard to the deposit:

http://www.mietrecht.ch/db/gesetze_show.php?ArtNr=257e

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Old 11.05.2010, 07:18
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Re: Landlord Demands 3 months Rent Up Front !

That link in English:

If the tenant of a residential or business premises requires a deposit in cash or securities, the landlord must deposit it the bank, in a savings or deposit account which is in the name of the renter.

2 For residential rentals, the landlord may not require more than three months rent as deposit.

3 The bank may release the deposit only with the consent of both parties, or based on a final order for payment or a final court ruling. If the landlord makes no legally enforceable claim against the teneant, within one year following the termination of the lease, then the bank is required to refund the security.

4 The cantons may adopt supplementary provisions.


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Last edited by NotAllThere; 11.05.2010 at 13:19. Reason: Corrected typo
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Old 11.05.2010, 08:09
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Re: Landlord Demands 3 months Rent Up Front !

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That link in English:


2 For the residential rentals, the landlord may require more than three months rent as deposit.


Your translation is not correct. I think perhaps you omitted a word. The landlord cannot request more than three months rent as deposit.

Last edited by Mrs. Doolittle; 11.05.2010 at 08:25.
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Old 11.05.2010, 08:24
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Re: Landlord Demands 3 months Rent Up Front !

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<snip>Talk about a landlord who thinks a tenant is going to do a runner and always wants to be holding extra rent. A landlord would never pull this stunt with a Swiss person because they would not get away with it. </snip>
Where exactly would a Swiss tenant do a runner to? We have seen examples here on EF of expat tenants who have dirtied the waters for others by messing their landlords about. This is what we get as a result...
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Old 11.05.2010, 08:24
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Re: Landlord Demands 3 months Rent Up Front !

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Make sure they get receipts and get the deposit moved into a proper account.

This is an excellent point. Often when the timing is tight, say less than two weeks between the viewing of the apartment and the lease start date, there may be insufficient time to set up the deposit account and pay the deposit in in order to secure the apartment. A signed lease without a deposit isn't enough. I have been involved in rentals where the rent was paid to the landlord's account and then moved to the rental surety account once it was set up.

A tenant can initiate setting up a rental surety account himself as long as he has all the landlord's details required to open the account. Then it is just a question of having the landlord sign the papers, submitting them to the bank and the account is then opened in the tenant's name. The rental deposit can only be deposited to the account once it is opened with an account number. The papers have to be signed by both parties before an account can be opened.
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Old 11.05.2010, 12:19
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Re: Landlord Demands 3 months Rent Up Front !

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A non EU B permit holder who has lived her for several months was initially referred to me by a client but then acted on their own after the application was submitted.

The monthly rent is well within the limits of affordability. The landlord insisted on the rent being paid 3 months at a time. This is the montly rent to be paid in future 3 months at at time. This is not the rent deposit. 3 months rent deposit has supposedly been paid directly to the landlord, not into a bank account.

eeks indeed
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Old 11.05.2010, 12:46
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Re: Landlord Demands 3 months Rent Up Front !

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I think the majority of us have an alright experience with housing. We just don't talk about it because it isn't news-worthy.
That is encouraging to hear. The name of the game around here is "do a search," which I have been doing a lot of. There are not a lot of happy search stories. It does make sense that people will tell their horror stories.

When we finish our housing search, I'll be sure to post a "success story." Well, let's just hope we're not one of those that walk ourselves into a raw deal.
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Old 11.05.2010, 12:53
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Re: Landlord Demands 3 months Rent Up Front !

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Your translation is not correct. I think perhaps you omitted a word. The landlord cannot request more than three months rent as deposit.
That is true. The missing word in the translation is "höchstens" - "the highest", so it is three months max, nothing else.

But: We are mixing things up here: You said the three months were an advance payment ON TOP of the three months deposit?! The link is about the deposit.
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Old 11.05.2010, 13:19
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Re: Landlord Demands 3 months Rent Up Front !

Typo fixed. Thanks.
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Old 11.05.2010, 13:21
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Re: Landlord Demands 3 months Rent Up Front !

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That is true. The missing word in the translation is "höchstens" - "the highest", so it is three months max, nothing else.

But: We are mixing things up here: You said the three months were an advance payment ON TOP of the three months deposit?! The link is about the deposit.

There were two problems. First is that the deposit has not been paid into into the rental surety account at a bank and apparently no bank papers have been signed by the tenant to open such an account.

Second problem is 3 months rent paid in advance. The landlord will not accept having the rent paid monthly. It's crazy, no one gets paid 3 months salary in one go.

I could post lots of success stories. I have many clients who have sought my assistance and things have worked out very well. The landlord/tenant relationship is one that can make your life miserable here when it goes sour so it is important to start things off on good terms.

What makes me most angry here is that large employers in the region, and this tenant is employed by one, should have zero tolerance for this kind of treatment of one of their employees by a property management company. Unfortunately most employers take little interest in their employees' housing search which makes it easy for property management companies to behave this way.
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Old 11.05.2010, 13:48
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Re: Landlord Demands 3 months Rent Up Front !

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That is encouraging to hear. The name of the game around here is "do a search," which I have been doing a lot of. There are not a lot of happy search stories. It does make sense that people will tell their horror stories.

When we finish our housing search, I'll be sure to post a "success story." Well, let's just hope we're not one of those that walk ourselves into a raw deal.
I am getting ready to move too... And if I have a success story, I am going to post it as well. My friend, who has now moved three times, has yet to have a 'tragic' story (knock on wood). So again, just be careful and realistic about what kind of deal you should get and how you should be treated and you 'should' be fine.
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