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Sublet - Not paying the rent - vacating the premisses

Jan 9, 2013 @ 11:22

We had to sublet our place in Vaud since we found something else. It's way below what we are paying ourselves - but better a small loss than a huge one.

Now - the rent they had to pay us way due on 1st of Jan but as it stands now they have some problems and can only pay me at the end of the month. I have already send 2 reminders. Furthermore our sublet, and my contract with the regie ends on the end of Jan, so they have to vacate it - or take over the lease.

I'm already in contact with the regie, they will keep me posted on progress. (the sublease is officially arranged).

Now - I'm a little bit worried they might not pay up at all at this stage. They are very friendly people (and decent) but still - what can I do to make sure they pay up. Stupidly enough we didn't get a downpayment - Since it was only short term it was too much hassle to put it up. After I've send a 3rd reminder, anybody has any experience of "collecting" the money due to us?

Also, how can I make sure they vacate the house if they don't take over, since the regie is threatening to extend the contract with one year if it isn't empty at the end of the month. Will seek advise with Asloca anyway, but perhaps people have some experience with this.

We have spoken to them, they are decent but I will not trust people on the colour of their eyes any more.....

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We had to sublet our place in Vaud since we found something else. It's way below what we are paying ourselves - but better a small loss than a huge one.

I'm already in contact with the regie, they will keep me posted on progress. (the sublease is officially arranged).

We have spoken to them, they are decent but I will not trust people on the colour of their eyes any more.....

martinJan 9, 2013 @ 11:22

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Re: Sublet - Not paying the rent - vacating the premisses

Post 1

Jan 9, 2013 @ 14:20

Martin: may be you can find help through Glocalers.

First, kindly confirm you subleted your place leaving some furniture so to declare your place was a "partly" furnished sublet at least,

Second, if you are no longer in Vaud or even in Switzerland you must start a procedure, at minima for start, and with maxima should your first gentle moves did not pay off...in stricto senso. Try PM me for procedure details with your own contacts.

Third, you made a good move with the regie especially because you are liable until the expiration date of your contract BUT you had to announce lease termination by giving notice three months in advance (or as stipulated in your agreement with regie). For the remain, the regie will bring good will but you are responsible. Have you received written agreement from the landlord for your sublet?

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Martin: may be you can find help through Glocalers.

First, kindly confirm you subleted your place leaving some furniture so to declare your place was a "partly" furnished sublet at least,

Milord, Jan 9, 2013 @ 14:20

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Re: Sublet - Not paying the rent - vacating the premisses

Post 2

Jan 9, 2013 @ 14:54

Martin: may be you can find help through Glocalers.

First, kindly confirm you subleted your place leaving some furniture so to declare your place was a "partly" furnished sublet at least,

Jan 9, 13 14:20

It is subletted empty - at a rate 800 swiss lower than what I pay.

We are still living in Vaud - and we have the regie's OK and acceptance to do sublet it.

We have terminated the lease, and all is accepted in wrinting. That's my worry, the regie has been really cooperative and helpfull (it's Foncia - I want if it's positive it should be said as well!!!) however at the end of the day they are running a business and not charity shop so I want to be carefull here. It's not the biggest worry with the regie - they have to leave at the end of the month - that's it. It is this month rent I'm worried about. Having already a house to pay in Nyon, and have to pay the 2nd house as well - put a big burden on the budget. I'm unfortunately not Rockefeller.

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It is subletted empty - at a rate 800 swiss lower than what I pay.

We are still living in Vaud - and we have the regie's OK and acceptance to do sublet it.

martin, Jan 9, 2013 @ 14:54

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Re: Sublet - Not paying the rent - vacating the premisses

Post 3

Jan 10, 2013 @ 08:35

In such a case proceed with

judicial advice you can pick up from "Permanence des Avocats" in Lausanne, where you will receive legal tips to recover the overdue amounts for a consultancy cost ca. 60 to 80.-/45min and also

do consider filing for a claim at Office des Poursuites et Faillites with the administration clerk and bring details of documentation side by your sub-tenant along with various mail showing he admitted not being willing to pay as intended initially.

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In such a case proceed with

judicial advice you can pick up from "Permanence des Avocats" in Lausanne, where you will receive legal tips to recover the overdue amounts for a consultancy cost ca. 60 to 80.-/45min and also

Milord, Jan 10, 2013 @ 08:35

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Re: Sublet - Not paying the rent - vacating the premisses

Post 4

Jan 10, 2013 @ 09:27

Thanks everybody. My wife is passing by today for a last kind attempt.

Than I will get in touch with all the suggested option here to see where my legal options lay. Also am in touch with my legal insurance!

Again many thanks all for the help! Martin

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Thanks everybody. My wife is passing by today for a last kind attempt.