I want to rent a room in Zurich. Cause I isn't there currently, one landlord told me to sign a contract online first. After sign that contract, I should pay two month deposit to his personal account through bank transfer. He gave me his ID and the bank account information.
I'm quite confused about the whole process. Here're my doubts:
1. Is the contract signed online valid or Does it have legal effect?(especially the contract is in English, not in German)
2. Do I have to insist on asking him to open a special deposit account?
3. If I transfer the deposit to his personal account, can my money get protected?
There is no stipulated form for a rental contract. It can even made silently, nodding of heads is optional.
However, be sure that this apartment really exists and is rented out by someone which has a right to rent the apartment: actual owner, tenant which sublets with permission of owner, or an agency employed by the actual owner. Apartments are usually rented out by private landlords using the template from the local HEV (Hauseigentümmerverband), or in case of a sublet using the template from the Mieterverband . Bigger agencies such as Livit or Wincasa have usually their own templates.
It would be wise to do this. If times permit.
It is not illegal what the landlord requests, but unusual and a red flag that something could be not correct. However, sometimes this is the only option. The actual law says: Art. 257e Code of Obligations
Up to the time your money is deposited in the bank account running on your name it is not protected in any kind. All you could do to get it back is start the regular debt collection process.
There are certain red flags were it is 100% obvious that your are dealing with a scam, such as a unbelievable low rent, certain amenities which are unusual in Switzerland, or photographs which show things which should not be there. Unfortunately, the scammer got better and start to avoid some of the most obvious mistakes.
Ways you can protect you from a scam:
Share contract and/or advertisement.
Find someone which visits the location and apartment.
Get a debt register extract from future landlord.
Only pay into a rental deposit account running on your name (or get rental deposit insurance).
And finally:
He doesn't have to offer it, he simply must do it w/o beeing specifically requested nor mentioned in the contract. It cannot even be denyed or excluded by a cluse of the contract.
Agreed, this seems useful for cases like OP’s, at least for a short while.
But insurance companies like Axa offer the same at a better price with superior contract conditions (OP, I have no connection with Axa). Plus, unused insurance premium will be returned.
Axa probably sees this as an easy way to gain customers, combining contracts (to get the 10% rebate) is usually a detrimental idea. Personally, I’d contract with Mobiliar Insurance for my household and private liability insurance (OP, especially private liability is unconditionally recommended, regardless of the company you contract with).