150 CHF fee for not signing rental document

Accomodation, House and Garden
1
Hey.

The landlord sent me a fee for 150 CHF for not signing a rental document. I agreed to rent on the phone. However after the translation I did not like the terms so I decided to not sign.

I have read few threads about the issue here, but don’t get whats the consensus. Do I have to pay or not?

Best Regards.

2
Did you sign an application where this fee was mentioned if you changed your mind?

3
They are not legally allowed to demand such a fee.

https://mieterverband.ch/mv/mietrech...haedigung.html

https://www.bonasavoir.ch/917109-frais-de-renonciation

Write to them and say that you regard such a fee as unlawful based on Article 8 of the Unfair Competition Act and Article 16, 19, and 254 Code of Obligations and therefore you won’t pay it.

4
Alright. Thanks alot.

5
It never ceases to amaze me just how petty many landlords are, and reading from experiences on this forum it's quite a few.

I can understand the landlord being miffed if you say you'll rent and then don't. I would be as well, but then I'd shrug my shoulders and move on and look for another tenant. I'd never dream of asking for anything because someone didn't sign!

Still, I suppose it takes all sorts to make a world!!

6
They see it as payment for drawing up the document. There seems to be a culture of charging for everything here - yes, it is petty.

7
Everyone has the right to change their mind. That said, I think if I was the landlord and have gone to the trouble of viewings, ref's, making the offer which is accepted, drawing up a contract, cancelling other potential tenants, and cancelling ads. For the person who said they want it to say nah... I'd be miffed and tempted to be "petty", but if there is no cancelation fee previously mentioned, then I think the landlord has to suck it up.

Does make me wonder though if the Johnny Foriegners who do this make landlords wary of renting to other JF's?

8
OP, did you give the landlord the reasons you didn’t like the contract? Their response may have been different if they knew the why.

9
That's a good point. Luckily it hasn't happened that often, but I do ask and the reason is usually found something cheaper, closer to work or decided to live somewhere else. It's never been due to the contract, which is a standard one anyway.

10
Yeah I don’t think that everywhere there is a requirement to have furniture atleast 10 cm from the walls. With small rooms this takes unnecesary space.

11
Yes, I agree. But did you tell them this?

12
Not to the landlord but previous tenant.

13
That would be lethal with small kids.

It would be easy for a child to rock certain furniture like bookcases towards the wall by pushing and it could then fall back on the child and crush them.

If the landlord has asked for this due to existing mould problems, that's a good enough reason not to take the place!

14
Yeah, it was for mould prevention or something.

15
Such a fee is null and void, even if you have "agreed" to it.

The nasty landlord can shove this bogus demand up the place were the sun does not shine.

https://www.mieterverband.ch/mv/miet...haedigung.html

https://www.srf.ch/sendungen/kassens...-absagegebuehr

https://www.mietrecht.ch/documents/D...mp_1_97_23.pdf

16
When I first came to Geneva area the rental shortage was if anything worse than it is today. I was searching full-time but found little.

Eventually I found something that was "OK", as a plan B, so I agreed to take it. The landlord (company) said there would be a 250 CHF fee if I backed out, to cover cost of contract preparation etc. I verbally agreed since it was my back-up, and I felt it fair since I knew I was hoping to back out.

Continued frantic looking and finally I found what I really wanted (more expensive of course...) and got that agreed before I had signed the Plan B contract.

Backed out politely explaining my reasons (my choice had better commute and parking) and they agreed "just this once since I was new here and didn't really understand what was normal in Switzerland" they agreed to waive the fee.

Good to be polite and respectful...no bill, but also no argument.

In such a small market they all talk and I didn't want to get a reputation as a troublesome foreigner (rep. as dumb foreigner I can live with!).

B

17
Looks like they had the impression you might become very soon smart enough to know the actual rules, what is truly normal and legal in Switzerland. Fnucking Crooks.

18
That is the most ridiculous thing I have ever heard. Believe me, I have heard a lot of unusual things over the year. You were right to walk away...

19
150chf would have been a small price to pay to avoid that.

20
Assuming from that the landlord already had mould issues there. Lucky escape OP!