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Moser Vernet – security deposit

I moved out of a Moser Vernet unit at the end of April and, in lieu of having a security deposit for three months’ rent in a separate account (we were moving to Switzerland from another country and could not open an account for this purpose), we had an account with SmartCaution. We stayed in the apartment for almost three years. Upon moving out, we did an apartment review with the regie. He was extremely nitpicky, which we expected. He pointed out the following:



Dust at the bottom of the built-in wardrobe closets
A couple of dried specks on the inside door of the over (the rest was fine)
The windows were not cleaned to his satisfaction because there were streaks. These were three floor-to-ceiling windows, only one of which opened. For the others two, we had to hang outside the window and contort to try to reach them in the limited space left by the railing.

They also pointed out damage to the walls, some of which existed at the start of our lease. For example, there were scuff marks when we moved in. We probably added a couple more of those, we put exactly one nail in one wall to hang a clock, and some super cheap textured wall paper they had up had a small (<1 cm) tear from double-sided tape.


We received a notice almost four months after moving out requesting that we pay for work to the walls and a cleaning that happened one month after we left and a couple of weeks after the apartment work was billed. The total cost of the work and cleaning is over 2200 CHF, of which they want us to pay almost 1400 CHF (50% for work on the walls, 100% of the cleaning).


My questions – if these are the “only” fees incurred after out move, shouldn’t SmartCaution be responsible for covering them? Why are we getting a bill? Is it worth fighting Moser on this issue? It’s especially tricky since we are no longer in Switzerland and are about a six hour time difference away, but it feels like we're being taken advantage of with potentially little recourse.

The text you are quoting:

I moved out of a Moser Vernet unit at the end of April and, in lieu of having a security deposit for three months’ rent in a separate account (we were moving to Switzerland from another country and could not open an account for this purpose), we had an account with SmartCaution. We stayed in the apartment for almost three years. Upon moving out, we did an apartment review with the regie. He was extremely nitpicky, which we expected. He pointed out the following:



Dust at the bottom of the built-in wardrobe closets
A couple of dried specks on the inside door of the over (the rest was fine)
The windows were not cleaned to his satisfaction because there were streaks. These were three floor-to-ceiling windows, only one of which opened. For the others two, we had to hang outside the window and contort to try to reach them in the limited space left by the railing.

They also pointed out damage to the walls, some of which existed at the start of our lease. For example, there were scuff marks when we moved in. We probably added a couple more of those, we put exactly one nail in one wall to hang a clock, and some super cheap textured wall paper they had up had a small (<1 cm) tear from double-sided tape.


We received a notice almost four months after moving out requesting that we pay for work to the walls and a cleaning that happened one month after we left and a couple of weeks after the apartment work was billed. The total cost of the work and cleaning is over 2200 CHF, of which they want us to pay almost 1400 CHF (50% for work on the walls, 100% of the cleaning).


My questions – if these are the “only” fees incurred after out move, shouldn’t SmartCaution be responsible for covering them? Why are we getting a bill? Is it worth fighting Moser on this issue? It’s especially tricky since we are no longer in Switzerland and are about a six hour time difference away, but it feels like we're being taken advantage of with potentially little recourse.


Nicole GAug 22, 2018 @ 08:22
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Re: Moser Vernet – security deposit
Post 1

SmartCaution won't cover those, but your Swiss "responsabilité civile" insurance will (minus, maybe, the cleaning fee).
You should contact them (since at that time you were covered), and they will pay the damages you caused, minus a franchise (usually 150 .-).


Another option is fighting. Did you sign anything stating the various damages?
If so, and damages were indicated on the état des lieux de sortie, you are legally bound to pay it, and they are fair asking you only 50% for the walls (Swiss law state there is a "normal wear", they account for it). And you are back to your RC insurance.
If you did not sign anything, they should have notified you immediately of the damages - even one week is considered a long time (a case to study: http://www.asloca.ch/geneve/2017/09/20/geneve-attention-a-letat-des-lieux-de-sortie/).


You can try to contact ASLOCA Geneva. But as you say, it may be complex from abroad, and I don't know if you are fluent in French / if ASLOCA Geneva has some English speaking advisors.

As a side note, I recommend to always take pictures when entering in a flat. I had to deal with a "dubious" regie, showing them pictures shut off all demands.

The text you are quoting:

SmartCaution won't cover those, but your Swiss "responsabilité civile" insurance will (minus, maybe, the cleaning fee).
You should contact them (since at that time you were covered), and they will pay the damages you caused, minus a franchise (usually 150 .-).


Another option is fighting. Did you sign anything stating the various damages?
If so, and damages were indicated on the état des lieux de sortie, you are legally bound to pay it, and they are fair asking you only 50% for the walls (Swiss law state there is a "normal wear", they account for it). And you are back to your RC insurance.
If you did not sign anything, they should have notified you immediately of the damages - even one week is considered a long time (a case to study: http://www.asloca.ch/geneve/2017/09/20/geneve-attention-a-letat-des-lieux-de-sortie/).


You can try to contact ASLOCA Geneva. But as you say, it may be complex from abroad, and I don't know if you are fluent in French / if ASLOCA Geneva has some English speaking advisors.

As a side note, I recommend to always take pictures when entering in a flat. I had to deal with a "dubious" regie, showing them pictures shut off all demands.


Romaric D, Aug 22, 2018 @ 11:55
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