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Old 25.10.2017, 00:56
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Small claims court

Hi, I'm looking for some advice, after googling and getting no answers I'm hoping someone can help.

I live in the UK and have a property in Spain which I rent out on a long term basis. I rented the property to a young couple who live in Switzerland,they had a very large dog, they only rented for 4 months and then done a runner. I can't believe how much damage they have done in just four months. They didn't pay the last two months so basically the deposit covers that.
I have been quoted 2500 to put it right and on top of that I have the utility bills to pay. I will also lose all the furniture as it has to go in the skip.

I was trying to find a way to take him to court? In the EU there is a small claims process but Switzerland is not in the EU.

I have attached some pics.
Attached Thumbnails
small-claims-court-img_0759.jpg   small-claims-court-img_0752.jpg   small-claims-court-img_0762.jpg   small-claims-court-img_0750.jpg   small-claims-court-img_0748.jpg  

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Old 25.10.2017, 01:33
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Re: Small claims court

May depend upon how you did lease (individual or both people?), conditions and remedies in lease (e.g. what forbidden, local court jurisdiction, arbitration, etc.) and if you have good ID and location of tenants (options really depend on Kanton.)
Would be much easier for you if one of renting parties is EU-state citizen and/or has registered address in EU country.
Good news is that Swiss arbitrators or courts, if you get standing to have them hear issue, interpret contracts tightly and are pretty good at doing the right thing IMHO. You would likely have to do things in person or with validated representative physically present.
Good luck!
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Old 25.10.2017, 08:23
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Re: Small claims court

Don't know if this thread will help or not.

https://www.englishforum.ch/other-ge...itzerland.html

Main thing is you need to know exactly who they are and where they live in Switzerland - assuming that's even the case. They could have lied about that and not even be in this country or provided a false Swiss address.
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Old 03.11.2017, 15:40
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Re: Small claims court

Thank you for your responses.
I really appreciate any help, I will look into these links and post updates here to help anyone else in a similar situation.
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Old 06.11.2017, 09:50
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Re: Small claims court

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Thank you for your responses.
I really appreciate any help, I will look into these links and post updates here to help anyone else in a similar situation.
It really looks like their nationality has nothing to do with this situation. Because it appears that your tenancy agreement is covered under Spanish laws, and not Swiss Laws.

Therefore, it seems your problem and enforcement remains in "Spain".

As for the rest, it appears that in Spanish laws, you can sue them:
(crappy link, but has a few clues):
https://www.enalquiler.com/comunidad...mar_23706.html

It also mention that in similar cases, you should have had insurance, to protect you for that type of nightmare scenario...

I'm no expert, but I don't see how you can take them to Swiss court just because of their nationality. If any, it would be some sort of transfer of sanction from abroad to Switzerland, like for fines. Possibly unlikely, unless the spanish court or lawyer manage to somehow internationalize the damages claims...


Well, that was for the official legal processes, I'm sure there are other creative and not necessarily legal ways of recovering some money.
Unfortunately, due to your location it does not appears to be a cost effective way.
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Old 06.11.2017, 11:00
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Re: Small claims court

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It really looks like their nationality has nothing to do with this situation. Because it appears that your tenancy agreement is covered under Spanish laws, and not Swiss Laws.
Not nationality (which has not even stated) but place of residence.

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I rented the property to a young couple who live in Switzerland.

I was trying to find a way to take him to court? In the EU there is a small claims process but Switzerland is not in the EU.
In a civil law suit you normally have to file at the place of residence of the defendant. See Art. 10 of the Swiss Civil Procedure Code https://www.admin.ch/opc/en/classifi...index.html#a10
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