Your question is very unclear. Can you be more specific?

In a case here in geneva, someone...has presented a rental agreement stating

RECU

Je soussigne, xxx  *owner name*,  ne de DOB , avoir recu de *tenant name* la somme de xxx CHF pour le loyer a addresse xxxx pour le mois de avril 2012.

Is this considered a genuine rental agreement?

What steps I can take legally to verify the authenticity of this rental agreement already presented to the court of geneva? I know this is completely false and only created to divert the courts attention....

Does the owner here .... xxx  *owner name* obliged to contact / update any legal authorities before taking the new tenant..?

The text is, as stated, only a receipt for the money given and it is legal in this respect if signed by the receiver of the money. There needs to be a separate rental agreement "Bail" with several describing the apartment being rented (no of rooms, surface, address), details of both parties, duration, clauses for terminating the contract etc etc.

*several pages

In the abence of a separate rental agreement "Bail" with several describing the apartment being rented (no of rooms, surface, address), details of both parties, duration, clauses for terminating the contract etc the rent receipt is not valid. Is that correct?

Also, can the regie be contacted directly to expose the person who had actually signed the rent receipt and i am even not sure that the owner who had taken the money as mentioned in the rent receipt is aware of the fact that the document had been presented in the court of geneva...

Or the can i contact the office de lodgement as well ?

I want to answer Aadish, but I'm struggling to understand what you're asking exactly...I hope you're doing a better job explaining the issue to the courts than to us on glocals....(-:

Aadish,

A receipt is a receipt.   It is not a contract.    I don't know how a receipt could be presented to the courts, it's just a receipt...

Really, you need to talk to ASLOCA.    

http://www.asloca.ch/asloca-geneve

It is valid as a receipt, like the one from the supermarket. It is not a rental agreement.

Hello, I Agree with Michelle, go to ASLOCA, they'll help you or at least they'll give some information.

They open from 17h. 

good luck!
 

It's not "just a receipt as in the supermarket".

Actually, in Switzerland there is something like an "oral" contract. As soon as you can prove that you've been paying a rent (which seems to be the case for you), you have all the legal rights - you cannot be thrown out just like that, you can go to court against the owner, etc. Of course it's not a proper contract and you should get one done (with the elements indicated above), but it does have some legal value and it gives you the rights as a tenant.

Hope this answered your question...

Yes, I agree that confirmation of rent paid serves to prove a verbal contract exists which is legal in Switzerland. I would add that even if there is a dispute it doesn't mean that you can stop paying rent: the funds would have to be placed into an escrow account. Also it is worth mentioning that going to court can take some months and you would have to cover legal fees - is it really worth it?

However, as others have mentioned, as the question is not clear it is hard to know what advice you are looking for exactly.

1. as already said, go to ASLOCA

2. fortunately as the locataire you dont have to be too clever to get the upper hand in these cases. the reciept probably implies acceptance of a standard automatically renewable 1 year contract (bail) that cannot be cancelled unless the landlord wants to move in himself, this should take him 12 to 35 months to achieve.

enjoy your time in ch;-)

Richard is correct, go to ASLOCA

Normally visit there offices, pay the membership fee, and wait about 30minutes for a lawyer, they are always registered with the Geneva Bar association, so they know their shyt.

annual fee for tons of help and advise is CHF 50- , total bargain for great advice and help.

and Verbal contract is almost impossible to prove. Agian go se ASLOCA, most of their associations Lawyers speak english.

http://www.asloca.ch/asloca-gen%C3%A8ve

Section cantonale 
ASLOCA-GENEVE
Rue du Lac 12
(Eaux-Vives)

Case postale 6150
1211 Genève 6
3e étage

I really hope you did not pay a deposit without a written 'Bail' contract.

ops, Geneva 'Bail' contract is always stamped with a Governement stamp duty (looks like a stamp) ok.

£Just being repetitive

Go to ASLOCA

There is a more or less standard wording for a rental agreement - they will tell you if it is OK

No need to continue this thread

Subletting, of a subletter ..

I was asked to submit a deposit of one month to reserve the apartment.

The contract provided, looked like a download off the internet.

The subletter insisted for funds to be deposited into their bank account prior to providing a contract.

Was this a scam?

Yes, almost certainly. The person might not even be the official renter of the apartment. If you have not seen the original lease with that person's name on it  and the person's identification, there is no way to know.

Thank you,  appreciated your comment.

I did meet the person concerned, and viewed  the apartment, something didnt feel right about the process. 

Another apartment I viewed recently, the subletter stated she did not want the regie involved in our contractual agreement. 

1 check with the agency (gerance) if this apartment is actually rented to the person who is subletting to you.

2 if that is not the case, you may have been scammed. going to court is a joke, as certainly the name of the person who signed is not "real"

" a fool and his money are soon parted"

lesson learned.

if you're living in the apartment, i would advise not paying the next rent, and see who comes forward, and request the official sub-let lease from the gerance.

Thank you for the advice.

Fortunetly, I did not go through with the apartment ...

Lessons learned indeed!