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  #21  
Old 12.06.2007, 17:44
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Re: [Rental Apartment] Deposit [Zurich]

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The landlord is a big Baugenossenschaft
Well, in this case it's most likely not a deposit, but you're required to buy "Anteilscheine" for CHF 7500, isn't it? (For more on this, check out this thread.)
AFAIK there's no legal limit for the amount they require.
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  #22  
Old 17.07.2007, 10:07
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Re: [Rental Apartment] Deposit [Zurich]

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@Gooner
I don't know what your average is based on, but the last 3 appartments I had and all the appartments for which I inscribed myself were 3 months deposit (1 in Zurich, rest Lausanne).
So count on 3 months deposit and the rent for the first month, to be on the safe side. They can ask maximum for 3 months deposit by law.

im being asked for 4 months deposit plus one months rent. he will let me pay it with 2 payments.

show me a link of that law please, i would like to proove that to the guy and lower my deposit.

thanks,

-n
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  #23  
Old 17.07.2007, 10:46
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Re: [Rental Apartment] Deposit [Zurich]

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im being asked for 4 months deposit plus one months rent. he will let me pay it with 2 payments.

show me a link of that law please, i would like to proove that to the guy and lower my deposit.

thanks,

-n
This is the article of the Swiss Obligationenrecht,as it is not available in english i try to translate ( in italic style) it for you I'd be very happy if one of the native english speakers on th eforum could edit this post for spelling and grammar, I don't want to cause confusion with my pidgin english

Art. 257e

II. Sicherheiten durch den Mieter
1 Leistet der Mieter von Wohn- oder Geschäftsräumen eine Sicherheit in Geld oder in Wertpapieren, so muss der Vermieter sie bei einer Bank auf einem Sparkonto oder einem Depot, das auf den Namen des Mieters lautet, hinterlegen.

Securities by the tenant
If the tenant of living or business premises is rendering a security,the landlord or the agency have to deposit this money onto a 'locked' bankaccount (sperrkonto),which is opened in the name of the tenant.



2 Bei der Miete von Wohnräumen darf der Vermieter höchstens drei Monatszinse als Sicherheit verlangen.

Upon renting of premises to live in (an appartment) the landlord can only charge THREE monthly rents MAXIMUM as a security to the tenant.

3 Die Bank darf die Sicherheit nur mit Zustimmung beider Parteien oder gestützt auf einen rechtskräftigen Zahlungsbefehl oder auf ein rechtskräftiges Gerichtsurteil herausgeben. Hat der Vermieter innert einem Jahr nach Beendigung des Mietverhältnisses keinen Anspruch gegenüber dem Mieter rechtlich geltend gemacht, so kann dieser von der Bank die Rückerstattung der Sicherheit verlangen.

The bank can only pay out the deposit with agreement of BOTH parties,or based on a legal payment summons or a valid adjudgement of a court.
If the landlord has,within a year of finishing the lease,not made any lawful claims towards the tenant,the latter can then ask the bank to pay out the deposit.


4 Die Kantone können ergänzende Bestimmungen erlassen.

The cantons can create additional provisions
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  #24  
Old 17.07.2007, 12:12
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Re: [Rental Apartment] Deposit [Zurich]

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This is the article of the Swiss Obligationenrecht,as it is not available in english i try to translate ( in italic style) it for you I'd be very happy if one of the native english speakers on th eforum could edit this post for spelling and grammar, I don't want to cause confusion with my pidgin english

Art. 257e

II. Sicherheiten durch den Mieter
1 Leistet der Mieter von Wohn- oder Geschäftsräumen eine Sicherheit in Geld oder in Wertpapieren, so muss der Vermieter sie bei einer Bank auf einem Sparkonto oder einem Depot, das auf den Namen des Mieters lautet, hinterlegen.

Securities by the tenant
If the tenant of living or business premises is rendering a security,the landlord or the agency have to deposit this money onto a 'locked' bankaccount (sperrkonto),which is opened in the name of the tenant.



2 Bei der Miete von Wohnräumen darf der Vermieter höchstens drei Monatszinse als Sicherheit verlangen.

Upon renting of premises to live in (an appartment) the landlord can only charge THREE monthly rents MAXIMUM as a security to the tenant.

3 Die Bank darf die Sicherheit nur mit Zustimmung beider Parteien oder gestützt auf einen rechtskräftigen Zahlungsbefehl oder auf ein rechtskräftiges Gerichtsurteil herausgeben. Hat der Vermieter innert einem Jahr nach Beendigung des Mietverhältnisses keinen Anspruch gegenüber dem Mieter rechtlich geltend gemacht, so kann dieser von der Bank die Rückerstattung der Sicherheit verlangen.

The bank can only pay out the deposit with agreement of BOTH parties,or based on a legal payment summons or a valid adjudgement of a court.
If the landlord has,within a year of finishing the lease,not made any lawful claims towards the tenant,the latter can then ask the bank to pay out the deposit.


4 Die Kantone können ergänzende Bestimmungen erlassen.

The cantons can create additional provisions

Great thank you very much. One thing though, the #4 means that different states can have different rules within Switzerland.

Could you find out if in kanton Zurich more than 3 are allowed?

thanks,

/n
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  #25  
Old 17.07.2007, 12:48
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Re: [Rental Apartment] Deposit [Zurich]

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Based on me and everyone else I know.
It was three for us, too + 1 month in advance. AFAIK, it's usually 3 months for more expensive apartments, 2 months for average and 1 or none for really old ones.

3 is the max they can ask, though.
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  #26  
Old 17.07.2007, 12:49
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Re: [Rental Apartment] Deposit [Zurich]

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Great thank you very much. One thing though, the #4 means that different states can have different rules within Switzerland.

Could you find out if in kanton Zurich more than 3 are allowed?


/n

"additional provisions" doesn't mean they can change the once stated in 1-3. 3 is the max in all of Switzerland.
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  #27  
Old 17.07.2007, 13:08
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Re: [Rental Apartment] Deposit [Zurich]

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"additional provisions" doesn't mean they can change the once stated in 1-3. 3 is the max in all of Switzerland.
ok thanks

im going to my future landlord today.
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  #28  
Old 17.07.2007, 13:40
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Re: [Rental Apartment] Deposit [Zurich]

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The 3 months limit stated above is interesting, I'm currently being asked to fork out 7500 CHF deposit for a flat with rent of 2070 CHF.
they can also ask you for a three months depost for the parking lot you're renting. 2070 .- does that include accessory charges?
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  #29  
Old 17.07.2007, 13:43
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Re: [Rental Apartment] Deposit [Zurich]

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im being asked for 4 months deposit plus one months rent. he will let me pay it with 2 payments.
ok, this is VERY odd and I would be careful. Mainly because you don't pay the deposit directly to the landlord but rather you open a bank account in your own name and move the money there. The bank will then notify the landlord that you paid. I don't think the bank will accept installments.

Is he asking you to pay the deposits directly to him?
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  #30  
Old 17.07.2007, 14:13
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Re: [Rental Apartment] Deposit [Zurich]

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ok, this is VERY odd and I would be careful. Mainly because you don't pay the deposit directly to the landlord but rather you open a bank account in your own name and move the money there. The bank will then notify the landlord that you paid. I don't think the bank will accept installments.

Is he asking you to pay the deposits directly to him?
he is an older man..

no he told me already about the bank and interest etc. everything he said was correct except the 4 months deposit is crazy.

hes asking 2 months worth and 1 month rent on move in, then a month later another 2 months deposit and another 1 month rent.

/n
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  #31  
Old 17.07.2007, 14:22
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Re: [Rental Apartment] Deposit [Zurich]

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he is an older man..

no he told me already about the bank and interest etc. everything he said was correct except the 4 months deposit is crazy.

hes asking 2 months worth and 1 month rent on move in, then a month later another 2 months deposit and another 1 month rent.

/n
As stated 3 is the maximum and the account is locked. Note though, locked actually means you cannot retrieve the money without both sides agreeing or a court freeing the money for payment. The fact that the account is locked for retrieval does not mean it is locked for payment ie you can indeed pay in installments without any problem. I think you can also take an insurance policy instead of paying the money in. This certainly was the case but I have not rented in the past 4 years so maybe this is no longer available.

What this guy is asking for is simply put against the law and you do not have to worry about signing a contract with this statement in. As it is breaking a law it is not enforceable and there is nothing he can do to force you to pay the money.
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  #32  
Old 17.07.2007, 14:29
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Re: [Rental Apartment] Deposit [Zurich]

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he is an older man..

no he told me already about the bank and interest etc. everything he said was correct except the 4 months deposit is crazy.

hes asking 2 months worth and 1 month rent on move in, then a month later another 2 months deposit and another 1 month rent.

/n

Whoops, something is very fishy in my opinion!
I know that the Zurich folk are crazy but this is by no means correct.

The first part ok, 2 months of deposit,which he has to pay into a special account and for which it needs BOTH your signatures!!

But the second part,i.e. paying AGAIN 2 months deposit and one month rent is not correct!

3 months are the swisswide maximum a landlord or an agency can ask for a deposit to be paid for an appartment , for business premises it can be a bit more, but that's in another chapter of the swiss lawbooks.

Do get in touch with the Zurich branch of the Mietverband!
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  #33  
Old 18.07.2007, 08:53
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Re: [Rental Apartment] Deposit [Zurich]

Just to update everyone..

It did indeed say on the contract 2x 2600 CHF, which means to me what it said. The monthly rent is 1300 CHF.

Anywaya, I went to the land lord with the document in my back pocket stating that the max allowed to ask as a deposit in Switzerland is 3 times the months rent.

It turned out it was a mistake, and what was meant was I would have to pay 2600 CHF in 2 installments, therefore I didnt even have to bust out my document to prove my point.

Thanks for everybodys help on this!

/n
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