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  #21  
Old 15.05.2011, 23:51
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Re: 4 months deposit for a flat, is that legal?!?

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In the rental of residential premises the landlord may require three months interest as a maximum security /

ei der Miete von Wohnräumen darf der Vermieter höchstens drei Monatszinse als Sicherheit verlangen

Original in DE

Also:

A rental deposit is an amount of one, two or three months rent used to guarantee that you will pay your rent or the cost of damages to the property to your landlord if necessary (real estate/agency, university lodging, or private property).

Swisscaution

Quote:
Deposit: A deposit only needs to be paid if it is expressly agreed in the tenancy agreement. The amount (maximum three months' rent) to be paid as a deposit by the tenants must be stated. The deposit is paid into an appropriate account in the name of the tenant.

Source

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  #22  
Old 15.05.2011, 23:52
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Re: 4 months deposit for a flat, is that legal?!?

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Sure it's legal.
No, it is not. If you don't know the law, why do you reply? The maximum legal rent deposit is 3 months rent.

This does not include payment of the first month's rent.

Last edited by Mrs. Doolittle; 16.05.2011 at 00:10.
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  #23  
Old 15.05.2011, 23:53
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Re: 4 months deposit for a flat, is that legal?!?

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The deposit itself can't be more than 3 months
Do you have a source for this, MN? I've heard of -- indeed, been quoted -- requests for up to six months' deposit (that was the word used!).

ETA: jrspet has done it ...
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  #24  
Old 15.05.2011, 23:58
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Re: 4 months deposit for a flat, is that legal?!?

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Do you have a source for this, MN? I've heard of -- indeed, been quoted -- requests for up to six months' deposit (that was the word used!).
Art 257e, paragraph 2, of the Swiss Code of Obligations states that the maximum security deposit for accommodation is the equivalent of 3 months rent.

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2
Bei der Miete von Wohnräumen darf der Vermieter höchstens drei Monatszinse als Sicherheit verlangen.
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  #25  
Old 16.05.2011, 13:53
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Re: 4 months deposit for a flat, is that legal?!?

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Do you have a source for this, MN? I've heard of -- indeed, been quoted -- requests for up to six months' deposit (that was the word used!).

ETA: jrspet has done it ...

You've heard wrong then.
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  #26  
Old 16.05.2011, 15:25
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Re: 4 months deposit for a flat, is that legal?!?

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No, it is not. If you don't know the law, why do you reply? The maximum legal rent deposit is 3 months rent.

This does not include payment of the first month's rent.
Is there really a need to edit your post to add some bitchy comment, after you've already groaned at me?

As I wrote in my next post, which you read prior to editing the one above:

Quote:
I've heard of -- indeed, been quoted -- requests for up to six months' deposit (that was the word used!).
As I said, I have had prospective landlords request up to siy months' deposit from me. I related my experience (and consequent understanding of how things operate in Switzerland). I learned the facts from MathNut and jrspet. All I got from you was attitude and rudeness.

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You've heard wrong then.
See the paragraph above.
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Old 16.05.2011, 15:36
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Re: 4 months deposit for a flat, is that legal?!?

The law says three months. But if the landlord can get someone who will pay the six months without arguing, then they will pick them. And usually, they DO find someone. It's not fair but it's the reality of a market where there are more people looking for a place than there are places on offer.
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  #28  
Old 16.05.2011, 15:43
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Re: 4 months deposit for a flat, is that legal?!?

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The law says three months. But if the landlord can get someone who will pay the six months without arguing, then they will pick them. And usually, they DO find someone. It's not fair but it's the reality of a market where there are more people looking for a place than there are places on offer.
Well, to be fair, the landlord will have a number of applicants. They'll say - I don't need to say "no" to anyone, that would be unfair. So, I'll demand 2 months rent from a C permit holder with 11 years history in this city, and 6 months rent from an English guy just off the plane. He could just say no to the English guy, since it's a higher risk for him, but he's giving him a shot. There are worse things.
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  #29  
Old 16.05.2011, 15:48
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Re: 4 months deposit for a flat, is that legal?!?

Sure, and I understand doing that, my father told me any housemates I chose had to have a Betreibungsregisterauszug dating back 3 years - effectively denying the flat to anyone who has not been in Switzerland that long. But I had plenty of suitable applicants who fulfilled that criteria so no problem there. On the other hand, he only demanded two months' rent, so it really is up to the landlord to gauge the risks.
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  #30  
Old 16.05.2011, 16:03
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Re: 4 months deposit for a flat, is that legal?!?

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Well, to be fair, the landlord will have a number of applicants. They'll say - I don't need to say "no" to anyone, that would be unfair. So, I'll demand 2 months rent from a C permit holder with 11 years history in this city, and 6 months rent from an English guy just off the plane. He could just say no to the English guy, since it's a higher risk for him, but he's giving him a shot. There are worse things.
Notwithstanding the law, the parties are free to agree a higher deposit (or a lower one). The law just prescribes a limit that can be requested for one piece of a rental security deposit. Additional security deposits for parking space and other special inclusions may also apply (eg furniture). Unfortunately the remedies available when asked for an unjustified 6 months (if that's what it is) is another story.
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  #31  
Old 16.05.2011, 16:09
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Re: 4 months deposit for a flat, is that legal?!?

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Do you have a source for this, MN? I've heard of -- indeed, been quoted -- requests for up to six months' deposit (that was the word used!).

ETA: jrspet has done it ...
No source needed this is well known public information.
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  #32  
Old 16.05.2011, 16:37
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Re: 4 months deposit for a flat, is that legal?!?

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No source needed this is well known public information.
Oh well, OK, if it's well known, who needs a reference?
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  #33  
Old 16.05.2011, 16:59
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Re: are 4 months rental deposit legal?

I have no deposit on my main apartment, nor on the two garages I rent, but I did pay a three month deposit (into an account in my name) for an additional room that I started renting three years ago in the center of the village I live in.

Tom
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  #34  
Old 16.05.2011, 17:20
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Re: 4 months deposit for a flat, is that legal?!?

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The law says three months. But if the landlord can get someone who will pay the six months without arguing, then they will pick them. And usually, they DO find someone. It's not fair but it's the reality of a market where there are more people looking for a place than there are places on offer.
Maybe, but that doesn't make it legal....
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  #35  
Old 16.05.2011, 18:20
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Re: 4 months deposit for a flat, is that legal?!?

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Notwithstanding the law, the parties are free to agree a higher deposit (or a lower one). The law just prescribes a limit that can be requested for one piece of a rental security deposit. Additional security deposits for parking space and other special inclusions may also apply (eg furniture). Unfortunately the remedies available when asked for an unjustified 6 months (if that's what it is) is another story.
I would assume that you agree to the 6 months advance, sign the contract, and then only cough up the 3 months advance. If the landlord then tries to terminate the contract, you can invoke Art. 271a CO. However, whether that is the best way to start a lease relationship...
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  #36  
Old 16.05.2011, 18:21
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Re: are 4 months rental deposit legal?

Sounds a bit long, the 2 leases I've experienced both had 3 month deposits.
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  #37  
Old 09.06.2011, 13:49
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Re: 4 months deposit for a flat, is that legal?!?

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No source needed this is well known public information.
Minimia this is well known so your reaction is a bit surprising.
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  #38  
Old 10.06.2011, 18:56
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Re: are 4 months rental deposit legal?

The point is, danny, that clearly it's not well-known -- that's why the thread was started in the first place. Several of the people who've posted here didn't know, and the thread serves to educate them and everyone else.

Just because you know something, does that mean that everyone knows it -- that is, that it's well-known?

Let's see if you agree with this well-known fact: Bern is not the capital of Switzerland.
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  #39  
Old 10.06.2011, 20:47
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Re: are 4 months rental deposit legal?

6 months is for business premises.
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