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Old 15.06.2010, 09:15
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Sublease contract

Does someone have a blank sublease contract that they can send me? Or any suggestions on where I can find one?
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Old 15.06.2010, 09:29
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Re: Sublease contract

The "Mieterverband" has a form in German:

http://www.mieterverband.ch/fileadmi...ietvertrag.pdf
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Old 16.09.2011, 15:38
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Re: Sublease contract

As far as I understand from the contract, I should put the deposit in a special account under my name. Does this mean that I cannot sublease an apartment from abroad? Do I have to go there and do all the paperwork with the bank?

thanks,
cla
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Old 16.09.2011, 16:15
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Re: Sublease contract

I did this recently and contacted the agent who manages the building for the landlord (as you need his approval anyway) and he sent me one electronically immediately. Its in German but simple and from what I was told it is both unlikely and unrealistic for the landlord (or his rep) to refuse you to sublease.
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Old 16.09.2011, 20:24
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Re: Sublease contract

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As far as I understand from the contract, I should put the deposit in a special account under my name. Does this mean that I cannot sublease an apartment from abroad? Do I have to go there and do all the paperwork with the bank?

thanks,
cla
I'd be very careful with subleasing from aboard. There have been a few scams recent. Of course if the other party also is OK with putting your deposit in the bank then that is a good sign. Whatever you do do not send money to an individual if you haven't seen the apartment in person.
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Old 17.09.2011, 09:57
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Re: Sublease contract

Hey miniMia, thanks a lot!
I am actually having a friend going to the apartment and take a look.
So, is it possible that they ask me to send the deposit in THEIR bank account? I would not trust this even if I would see the them in person...

What I am trying to figure out is whether this is something they can ask and whether I should refuse to do so right away.

If the only alternative is to open a bank account in my name (like the ones for regular rentals), is my only option to go there before the start of the contract to open the account?
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Old 17.09.2011, 21:47
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Re: Sublease contract

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Hey miniMia, thanks a lot!
I am actually having a friend going to the apartment and take a look.
So, is it possible that they ask me to send the deposit in THEIR bank account? I would not trust this even if I would see the them in person...

What I am trying to figure out is whether this is something they can ask and whether I should refuse to do so right away.

If the only alternative is to open a bank account in my name (like the ones for regular rentals), is my only option to go there before the start of the contract to open the account?
There have been some scams were people send deposits to the "landlord's" account and then find there is no apt. I wouldn't panic as it's not wide spread. But it's good that you have someone going to check out the flat.

As for opening a deposit account before you get there, honestly I don't know. It only takes a day to do it. Ask the person you are subletting from, if they don't know & if no one else comes around this thread best to call around the banks near the flat.

Good luck!
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Old 19.09.2011, 10:13
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Re: Sublease contract

Assuming there is no scam, they could actually ask me to send the deposit to the landlord's account? Is this how things work?
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Old 19.09.2011, 16:52
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Re: Sublease contract

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Assuming there is no scam, they could actually ask me to send the deposit to the landlord's account? Is this how things work?

With a sublet, I'm actually not sure. For a regular lease you should only put the deposit in a special bank account.

Are you dealing with the tenant or the actual landlord/management company. The landlord/management company would like never ask you to put the money in their account. If you are dealing with the tenant (we ARE talking about a sublease right?) then he may ask. But I don't know what the rules are for subleasing and deposits.
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Old 19.09.2011, 19:49
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Re: Sublease contract

Thanks for your help miniMia!

It is a sublease and I am dealing with the current tenants. Perhaps other EF can help with their experience...
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Old 19.09.2011, 21:40
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Re: Sublease contract

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Thanks for your help miniMia!

It is a sublease and I am dealing with the current tenants. Perhaps other EF can help with their experience...
I was also hoping some with more experience would check in. (shurg)

Have they asked you for the deposit into their private account? Have they offered you a contract? Or do they want to keep it informal? Did your friend visit the apartment yet?
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Old 10.10.2011, 09:07
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Re: Sublease contract

I am about to sign the contract now. Here is what they are asking for

1 - Two month rent in advance. This would cover the first and the last month. That is, I would not pay the last month I live there.

2 - First payment within 10 days from the signing of the contract. This will happen in the next couple of weeks even if the contract starts in 2012.

3 - A deposit sent to their account before I move in.

4 - They also said it is not really needed to go through an hand-over protocol. They would just write down some things that are not in perfect shape (stains on the wooden floor, etc.) so I am not responsible fo it.


Does it all sound reasonable to you? Is it ok for me to go without hand-over protocol?

Thanks!
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Old 10.10.2011, 09:35
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Re: Sublease contract

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1 - Two month rent in advance. This would cover the first and the last month. That is, I would not pay the last month I live there.
No this doesn't sound right... why do they want the last month's rent? Who will keep the money?? You pay one month's rent in advance i.e just before the months start (e.g. your move in date is 1st of November you pay the rent on the 25th of October) so that the main tenant can pay the rent to the agency on time! Period!

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2 - First payment within 10 days from the signing of the contract. This will happen in the next couple of weeks even if the contract starts in 2012.
This is not necessary in case you change your mind, in which case they should be able to charge you for wasting their time but you shouldn't have to put down the deposit plus 2 months rent! I would suggest a CHF100 fee if you change your mind that way you can get out of it if you find something better!

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3 - A deposit sent to their account before I move in.
This is normally not OK, however I have been in situations where the deposit is paid to the main tenant as long as it's clearly stated in the contract that it is paid to the main tenant and that it is fully refundable and under which conditions! I would insist on a deposit (Mietdepotkonto) account if you are not 100% satisfied with who you are going to be living with!

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4 - They also said it is not really needed to go through an hand-over protocol. They would just write down some things that are not in perfect shape (stains on the wooden floor, etc.) so I am not responsible fo it.
This is fine, you are probably gonna be in an advantage position anyway being an untermieter as when you leave you will only likely be asked to clean your room and pay for any small damage to your room only.

Again make sure if there is anything unusual in the room that it's stated in the contract.
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Old 10.10.2011, 09:57
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Re: Sublease contract

Hey Love Doctor, thanks a lot for your reply!

About items 1 and 2, this was actually taken from the sample sublet contract available at UMS https://www.ums.ch/cockpit/login/?ne.../offer/create/
what do you think?

About item 3, I have asked to use a "surety account" (I believe it is the Mietdepotkonto you mention) and they would look into it.
Anyhow, the contract reads
"Broken objects have to be replaced or paid in agreement with landlord. The subtenant has to pay a deposit of CHF XXXX – in advance as security payment for the furnishings which is fully repaid after the renting period"
is this ok?



By the way, they are not renting me a room. I am renting the whole place while they are gone...
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Old 10.10.2011, 10:12
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Re: Sublease contract

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Hey Love Doctor, thanks a lot for your reply!

About items 1 and 2, this was actually taken from the sample sublet contract available at UMS https://www.ums.ch/cockpit/login/?ne.../offer/create/
what do you think?
Well I can't see it cos I haven't got an account so I can't tell you what I think... Please upload a file if you can.

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About item 3, I have asked to use a "surety account" (I believe it is the Mietdepotkonto you mention) and they would look into it.
Good!

Edit: No need to look too hard, go to any kantonal bank or one of the big banks and ask for the account to be open! Simples!

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Anyhow, the contract reads
"Broken objects have to be replaced or paid in agreement with landlord. The subtenant has to pay a deposit of CHF XXXX – in advance as security payment for the furnishings which is fully repaid after the renting period"
is this ok?
Sounds ok but see below for the rest of my answer...

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By the way, they are not renting me a room. I am renting the whole place while they are gone...
In this case (furnished apartment), then you have to have an inventory of all items in the house that you will be using while they're away, with a column specifying the condition, age and damage if any so in case you are moving out and they say this you need to replace then you are not liable for it if it's already mentioned in the list.
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Old 10.10.2011, 10:31
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Re: Sublease contract

Here is the sample contract.

I am also attaching the sample form for the hand-over protocol. I will just ask them to fill it in...


Thanks VERY MUCH for your help...
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File Type: pdf umv_en.pdf (560.5 KB, 902 views)
File Type: pdf protocol_en.pdf (498.8 KB, 671 views)
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Old 10.10.2011, 10:40
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Re: Sublease contract

Fill out the protocol for sure.

Pay attention to the cleaning section and agree with them now what they expect from you. Make sure it is cleaned by you or agree an amount to be dedicated to cleaning once you leave.

Tell them they can't have both a deposit and two months rent in advance. As that form doesn't say anything about a deposit. Otherwise you're paying 4 months rent in advance which is a bit too much and not needed.

Also I would try and get a value of the furnishings inside and the premium paid on top for you to use it, this is just for your own reference in case they decide to replace everything!

Edit: Regarding the premium bit I just re-read it and it might sound confusing. Basically in the Untermieter Vertrag from the mieterverband.ch you normally have to state how much the landlord (current tenant) is charging as a premium / rent for the furnishings as they normally can not charge more rent for the same object / apartment and therefore can only charge a premium for the furnishings inside, this is because their landlord won't allow them to charge more rent or it might be that by law they're not allowed to do that.
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Old 12.10.2011, 08:55
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Re: Sublease contract

The landlord accepted the Mietdepotkonto. However, they are telling me that they will open the account and send me a special "payment slip" so I can make the payment.

I am confused. I thought the account should be opened under MY name.
For example, if we use the attached form to open the account at UBS, my name should go under "Last name/first name of account holder", while the landlord name should go under "lessor". Is that right?

They want to open the account at another bank, but I believe it doesn't change how it works, right?

Also, should the account number appear on the sublease contract? I believe it is not needed as you get the property address on the Mietdepotkonto contract but just want to make sure I am right...

Thanks!
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File Type: pdf ubs_surety.pdf (225.5 KB, 907 views)
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Old 14.10.2011, 09:19
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Re: Sublease contract

This is fine. No need for confusion. You should also receive yearly statements for this account but you are not able to draw on the money.
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Old 19.10.2011, 18:42
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Re: Sublease contract

Negotiation went on and now they are suggesting to open this account

http://www.gkb.ch/web/privatemieterdepot

Actually they say that THEY will open the account for us.
I believe this is the right way to do it, but I do not speak German so I can't get much out of that webpage.

If some German-speaking EF could provide some help, I would appreciate it very much! As an additional info, note that they are subleasing us their place and that the contract will go on for 7 months.
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