I will be moving into a new apartment in November. The starting date of my rental agreement is the 1st of November which is a Sunday and therefore also very good for me to move. I have also already paid the rent for the month of November in full (so starting from the 1st). Nevertheless, today the previous tenant of that apartment told me that since the 1st falls on the weekend, I will have to wait until the 2nd at 11:30 to receive the keys of the apartment because apparently the cleaning company will clean in the meantime. Shouldn't the cleaning company clean in his time and not mine? How does this work? He told me that per law is like this but this seems totally unfair to me as I am paying from the 1st of November. Any one knows what the law says about this? Thank you!
I don’t know about any law, but moving on a Sunday is a no, no here in Switzerland. Sunday is a day of rest, no loud noises, etc, so you moving furniture, etc, into an apartment will not get you into the good books of your new neighbours.
Plus, they could still hand me the keys on Sunday, even if I don't move in and make noise (guess that's my responsibility).
First, the landlord/caretaker will go through the whole flat with them , and criticise everything that they and their cleaners have not left in perfect working order. The caretaker will make a list of all those items, and the outgoing tenants will have to pay for damages.
Then, when you move in, you will have such an inspection with your caretaker, too. This time, it is your turn to go through the whole flat and write down every single thing that is less than perfect. This formal list must be signed by you and the caretaker. This is for your protection, so that when you move you, you can produce that list again, to prove that damages x and y were there when you moved in, and so you will not have to pay for those damages, only for new ones that you cause.
Therefore, it would be a terrible idea to mix up your moving and their moving out and the cleaning and the inspections. It would blur the responsibilities and probably end up costing you money.
As to the cost - on the whole it works out. It could be when you move out it works in your favour - you have a 1 in 7 chance. Assuming you rent for a few years it'll only be < 0.1% of your cost, so why worry?
It's a bit like the public holidays on weekends - every few years we get a really bad combination at Christmas and New Year, but nobody expects their complaining to make any difference.
I'd say this was incorrect. The previous occupier should be done before the moving in date of the new tenants regardless of if the new tenants can actually move in that day for operational reasons. That you should be able to move out on the 2nd when your lease expired on the 31st is plain out of order. It's an over-stay. If there's no-one to hand over the keys until the monday morning because it's rented through an agency then that I understand but the tenant should already have their stuff out.
Fällt der Abgabetermin auf einen Sonntag oder anerkannten Feiertag, kommt Artikel 78 OR zur Anwendung. Danach verschiebt sich die Abgabe auf den nächsten Werktag. Obwohl das nicht ausdrücklich im Gesetz steht, geht man heutzutage im Allgemeinen sogar davon aus, dass das auch für Samstage gilt.
If the end of the lease falls on a Sunday or recognised public holiday, Article 78 of the Swiss Code of Obligations applies, by which the handover date is postponed to the next working day. Although this is not explicitly stated in the law, nowadays it is generally assumed that this also applies to Saturdays.
OR Art. 78
The best you can do is ask the previous tenant nicely if he is able to move or clean earlier...and they are within their rights to say no.
Tom
Why should the previous tenant clean in October - they are perfectly entitled to clean any time they like - and why does it make any difference to the new tenant?