I'm in desperate need of some help here and really hoping someone knows what can be done or can point me in the right direction on how to get this matter resolved ASAP.
My cousin has sub-let his apartment in Geneva due to being transferred abroad and had no issues for a few months. For the past 2 months he has not received any rent and have found out the tenant has changed the locks!
What can be done in this scenario? I have been informed the law protects the sub-tenant and my cousin has to hire a solicitor which can take between 6-9 months to evict! He cant afford to pay rent, utilities and solicitor fees! What can he do?
You have a right to evict the tenant if he is not paying the rent. For proper steps and procedures on how to to do it, contact the French region equivalent of the Mieterverband and ask for advice. From this site, it says that it takes on average 266 days to evict someone. Eek.
Failing which, you can borrow Grumpygrapefruits' two lovely rottweilers to help you evict that tenant. They wouldnt hurt a fly but the tenant doesnt have to know that.
In all seriousness (I have done this in London), advertise the apartment on Homegate.ch for a specific open viewing date. In advance of this, hire a removal company and Securitas and conduct a removal of his stuff into storage. Have the place professionally cleaned as per contract. Bill him for all this and then sue. Your priority is to get people who will pay the rent, into the apartment as soon as possible. Leave the legal stuff till later.
The owner can appoint a private bailiff to seize goods, unpaid rent being a good enough reason. If the owner/landlord can get the bailiff in legally (covertly open windows , unlock the front door etc) then then the bailiff can act/enter. He may not be evicting the tenant just seizing goods. The tenant will then most likely choose to leave of his own accord.
In geneva it's allowed to sublet but only with the agreement of the landlord and if you sublet for the same amount. Subleting is allowed for max. 2years i think. It's in the swiss Code of obligations (art 262) . There could be special conditions for Geneva as well.
Appreciate the responses even though some of them are illegal.
This is the problem, how can a land that identifies itself 70% is lived in by tenants via renting have such an awful length of time to evict a non-paying renter? This just doesnt make sense. How can anyone afford to pay rent, utilities and court costs to evict someone?
There has to be someone that knows something on these forums or someone that knows someone that can help.
Evicting someone in Switzerland is not taken lightly. The judicial process takes around 18-24 months. Landlords, owning property , cannot really be deemed to be cash-short or hard up. Unfortunately Sub-letters are in the middle. I don't suppose your friend did as the agencies do, and ask for 3 months rent in advance ? Now you know why they do...
this is the official Government debt collection agency. It will cost about CHF 70,-- but this is added to the debt. They will issue a "demand to pay" which he can object to. They will then need a claim from him that he cannot pay, or he will eventually be issued with a command to pay at his employment.
I am persuing a debtor that left and still owes me 2 months rent (CHF 1,000,--) . He went to a lawyer and claimed he cannot pay. He is now living in the next Canton, and the court ordered him to inform them if he changes his job or gets a pay rise. This is now a very big mark against his name and he will not be able to get any further credit or rent any new properties until he pays me and I clear his name.
I don't know how to evict the guy, maybe the Office des poursuites can point you to the correct cantonal office.
What irony ??? It's one thing a perpetrator getting his come uppance, but something completely different wishing foul on his children - do you honestly not see the difference ???
I know it's bad to say, but people who have neither the money nor the organisational wherewithal to pay rent don't tend to be able to pursue justice through the law very effectively. That's why I felt like it also wasn't too relevant. Moreover, where business is concerned, you protect your business first and worry about contingent liabilities second.