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How to know if a sublet is legal

Hello, I am starting a new job in Geneva and have been looking for an apartment for some time. I am wondering how to know whether an apartment is a "legal" sublet or not.  What are the risks to me if I sign a contract for a sublet, but it's not actually a legal sublet?  I figure the main risk would be that I could be evicted at any given moment?  How can I make sure I am signing a legit contract?


Thanks!


m poms

The text you are quoting:

Hello, I am starting a new job in Geneva and have been looking for an apartment for some time. I am wondering how to know whether an apartment is a "legal" sublet or not.  What are the risks to me if I sign a contract for a sublet, but it's not actually a legal sublet?  I figure the main risk would be that I could be evicted at any given moment?  How can I make sure I am signing a legit contract?


Thanks!


m poms


m pomsAug 21, 2012 @ 13:52
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Re: How to know if a sublet is legal
Post 1

ask the name of the real estate agency, and call them if you have any doubt about it.


Just be careful of one thing : lot of people loves to increase the price more than they are allowed to. It is the price of the rent + 20% maximum ( if the appartment is furnished :-))


 

The text you are quoting:

ask the name of the real estate agency, and call them if you have any doubt about it.


Just be careful of one thing : lot of people loves to increase the price more than they are allowed to. It is the price of the rent + 20% maximum ( if the appartment is furnished :-))


 


jcatjost, Aug 21, 2012 @ 13:56
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Re: How to know if a sublet is legal
Post 2

You can also take the contract to ASLOCA. You have to pay a yearly membership fee of about 60 CHF. Then you can meet for free with a lawyer and ask them to review the validity of the contract. I also took my lease arrangement to them before I signed it. They reviewed it to ensure that it was legally binding and correctly completed. The peace of mind was worth the 60 CHF. Here is the website for ASLOCA in Geneva.


http://www.asloca.ch/asloca-genève


I hope it helps you.

The text you are quoting:

You can also take the contract to ASLOCA. You have to pay a yearly membership fee of about 60 CHF. Then you can meet for free with a lawyer and ask them to review the validity of the contract. I also took my lease arrangement to them before I signed it. They reviewed it to ensure that it was legally binding and correctly completed. The peace of mind was worth the 60 CHF. Here is the website for ASLOCA in Geneva.


http://www.asloca.ch/asloca-genève


I hope it helps you.


Kikiriki, Aug 21, 2012 @ 14:00
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Re: How to know if a sublet is legal
Post 3

You don't even need to ask for the name of the real estate agency, most of the time (if not all) it's written in the building, usually next to the mailboxes.


 


so you can go there, check who's in charge, then call them to make sure is registered.


The problem is that you can probably only do this after the contract is signed, because I don't think that the person who's subrenting you the flat need to inform the regie in advance, so they wouldn't know. You can ask for the price of the rent probably, because as someone say higher they can't sublet for higher than rent + some%. However, I'm not even sure I'd advise this, because what you want is find a flat. If by exemple the person subletting you the flat pays 1000chf and charge 2000, no, it's not legal... but he won't do it at 1'200 for you anyway, he'll just find someone else willing to pay 2'000, so it won't help you much.


 


Rémy

The text you are quoting:

You don't even need to ask for the name of the real estate agency, most of the time (if not all) it's written in the building, usually next to the mailboxes.


 


so you can go there, check who's in charge, then call them to make sure is registered.


The problem is that you can probably only do this after the contract is signed, because I don't think that the person who's subrenting you the flat need to inform the regie in advance, so they wouldn't know. You can ask for the price of the rent probably, because as someone say higher they can't sublet for higher than rent + some%. However, I'm not even sure I'd advise this, because what you want is find a flat. If by exemple the person subletting you the flat pays 1000chf and charge 2000, no, it's not legal... but he won't do it at 1'200 for you anyway, he'll just find someone else willing to pay 2'000, so it won't help you much.


 


Rémy


RemyS, Aug 23, 2012 @ 09:51
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Re: How to know if a sublet is legal
Post 4

There is a relatively easy way to know. If the sublet is legal, the renter subletting the apartment will have a letter from the regie outlining the exact terms of the sublet approval. You can also take it to ASLOCA, as mentioned above.


You want to make certain that you see the person's name on the lease as well as some identification.

The text you are quoting:

There is a relatively easy way to know. If the sublet is legal, the renter subletting the apartment will have a letter from the regie outlining the exact terms of the sublet approval. You can also take it to ASLOCA, as mentioned above.


You want to make certain that you see the person's name on the lease as well as some identification.


Translator, Aug 23, 2012 @ 10:06
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Re: How to know if a sublet is legal
Post 5

@ Remy, but don't forget that the regie represents the owner. If the person rents their appartment illegally they can just kick you out. You are just nothing for the regie...  It is as easy than that... So don't be afraid to go to the regie :-) it is the right thing to do to stop this insane black market in Geneva. The owner don't earn anything of that, the regie neither, you don't earn anything because you pay double for no reason... Let's kill the black market of dishonest persons that are not even living in Geneva anymore. It is just a way to earn money very easily... It is equal to be a stealer in my opinion....  !!!! So don't be afraid, you are an expatriate. you have right !!! Go for it !

The text you are quoting:

@ Remy, but don't forget that the regie represents the owner. If the person rents their appartment illegally they can just kick you out. You are just nothing for the regie...  It is as easy than that... So don't be afraid to go to the regie :-) it is the right thing to do to stop this insane black market in Geneva. The owner don't earn anything of that, the regie neither, you don't earn anything because you pay double for no reason... Let's kill the black market of dishonest persons that are not even living in Geneva anymore. It is just a way to earn money very easily... It is equal to be a stealer in my opinion....  !!!! So don't be afraid, you are an expatriate. you have right !!! Go for it !


jcatjost, Aug 23, 2012 @ 10:16
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Re: How to know if a sublet is legal
Post 6

Just kick you out ? as easy than that ? In theory, yes, but these procedures can take one or two years if you refuse to leave. You will be kicked out eventually, but not as easyly as that

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Just kick you out ? as easy than that ? In theory, yes, but these procedures can take one or two years if you refuse to leave. You will be kicked out eventually, but not as easyly as that


Bustan_A, Aug 24, 2012 @ 15:08
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Re: How to know if a sublet is legal
Post 7

Yes the regie can kick you out very fast... ( you - the tenant - " locataire" who signs the contract with the regie)


If you sub-rent ---- Well the tenant may have huge problems to get back his appartments if you don't want to leave ( you - the sub-tenant ou "sous-locataire" )...


This is the reason why it is important that every thing is legal...


Some tenants "locataire" try to play with the fact that you are an expatriate and you don't know a lot about what is going on in Geneva... = huge increase in the rent -> but it totally  true that you can get help from ASLOCA.... or call the regie to confirm the rent of the "locataire". Don't forget = max authorized = rent + 20%

The text you are quoting:

Yes the regie can kick you out very fast... ( you - the tenant - " locataire" who signs the contract with the regie)


If you sub-rent ---- Well the tenant may have huge problems to get back his appartments if you don't want to leave ( you - the sub-tenant ou "sous-locataire" )...


This is the reason why it is important that every thing is legal...


Some tenants "locataire" try to play with the fact that you are an expatriate and you don't know a lot about what is going on in Geneva... = huge increase in the rent -> but it totally  true that you can get help from ASLOCA.... or call the regie to confirm the rent of the "locataire". Don't forget = max authorized = rent + 20%


jcatjost, Aug 24, 2012 @ 15:27
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