Do I have to pay compensation rent for not signing a contract because of poor contract conditions? - Switzerland forums - General

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Do I have to pay compensation rent for not signing a contract because of poor contract conditions?

May 24, 2019 @ 20:39

Hi all,

I found an apartment and agreed with the rental company a fixed contract of 3 months and that I could renew each month afterwards only having to cancel with 1 months notice.

When I recived the contract it had a bail take-over notice in the contract for for 1 year from June 1st 2019 - June 1st 2020 in the contract. And the actual bail has a take over from June 1st 2019 and no end-date on the bail.

I refused the contract based on this. As I have a short-term working contract here and possibly will not be in Switzerland until then.

When I refused the contract the rental company claims that I have to pay rent for compensation of loss for renting out to other tenants.

I recieved the contract on May 20th and refused on May 22th.

I have seen that the rental company have now made a new advert about the apartment. But at a higher montly price for the apartment.

Are the rental company allowed to claim rent from me when the contract had new information about a 1 year bail that had not been communicated?

The company claimed to have other applicants for the apartment and others who wanted to see the apartment. In my view I am entitled to refuse the contract based on new information not communicated. And that they would have to prove that they could not rent it out to any of the other tenants.

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Hi all,

I found an apartment and agreed with the rental company a fixed contract of 3 months and that I could renew each month afterwards only having to cancel with 1 months notice.

I refused the contract based on this. As I have a short-term working contract here and possibly will not be in Switzerland until then.

When I refused the contract the rental company claims that I have to pay rent for compensation of loss for renting out to other tenants.

I recieved the contract on May 20th and refused on May 22th.

I have seen that the rental company have now made a new advert about the apartment. But at a higher montly price for the apartment.

Are the rental company allowed to claim rent from me when the contract had new information about a 1 year bail that had not been communicated?

Pernille JMay 24, 2019 @ 20:39

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Re: Do I have to pay compensation rent for not signing a contract because of poor contract conditions?

Post 1

May 24, 2019 @ 21:58

I would advise you to check the address and opening hours of ASLOCA – the tenants’ association -- and go there as soon as you possibly can.

All the best, R.

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I would advise you to check the address and opening hours of ASLOCA – the tenants’ association -- and go there as soon as you possibly can.

All the best, R.

Ritchie, May 24, 2019 @ 21:58

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Re: Do I have to pay compensation rent for not signing a contract because of poor contract conditions?

Post 2

May 27, 2019 @ 20:40

Hi all,

I found an apartment and agreed with the rental company a fixed contract of 3 months and that I could renew each month afterwards only having to cancel with 1 months notice.

I refused the contract based on this. As I have a short-term working contract here and possibly will not be in Switzerland until then.

When I refused the contract the rental company claims that I have to pay rent for compensation of loss for renting out to other tenants.

I recieved the contract on May 20th and refused on May 22th.

I have seen that the rental company have now made a new advert about the apartment. But at a higher montly price for the apartment.

Are the rental company allowed to claim rent from me when the contract had new information about a 1 year bail that had not been communicated?

May 24, 19 20:39

Generally they can make an admin fee for writing the contract and posting it, advertising etc.. In my case it was 200chf .. Had i pulled out of the contract before signing i'd have lost (or had to pay that).

But a months rent, naaahh I seriously doubt they could enforce that.

But my experience is canton vaud, with a reputable regie.. As Ritchie says, ASLOCA is the golden source for this sort of thing.

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But a months rent, naaahh I seriously doubt they could enforce that.

But my experience is canton vaud, with a reputable regie.. As Ritchie says, ASLOCA is the golden source for this sort of thing.

John H, May 27, 2019 @ 20:40

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Re: Do I have to pay compensation rent for not signing a contract because of poor contract conditions?

Post 3

May 28, 2019 @ 10:37

If you haven't signed any contract, why would you have to pay anything? Regies almost always have backup candidates in case the selected one finally decides not to take the appartment, so they will probably not lose anything. And even if they did, unless you have signed something with them, they cannot make you liable for that.

Sometimes they try to bind you to some compensantion, with a small letter paragraph at the bottom of the form you hand in with your dossier. Not all regies do it, but when they do, it is usually something like 100 or 200 CHF, no way a full month's rent.

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ajimenezp, May 28, 2019 @ 10:37

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Re: Do I have to pay compensation rent for not signing a contract because of poor contract conditions?

Post 4

May 28, 2019 @ 10:56

Pernille - this is an age old issue that is totally illegal and complete BS.

When I first came to Switzerland and was looking for an apartment, a relocation agent warned me that certain Regie's would try this on, because it "used to be legal" and (surprise!) CHF200 was the "compensation figure" that was floating around, 10 years ago.

Like the same people who still try to sell you a vignette for your bicycle.....just because it "used" to be legal.

Check with ASLOCA as everyone says, but I think you'll find that the regie are trying to scam you.

And don't forget to name and shame them, so that everyone knows who they are!

Good luck!

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Pernille - this is an age old issue that is totally illegal and complete BS.

Like the same people who still try to sell you a vignette for your bicycle.....just because it "used" to be legal.

Check with ASLOCA as everyone says, but I think you'll find that the regie are trying to scam you.

And don't forget to name and shame them, so that everyone knows who they are!

Good luck!

Carolyn C, May 28, 2019 @ 10:56

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