How badly/in what way can I get f**ked if I tell a rental agency that I want the apartment (this is after I've been chosen as the next tenant) and then 2-3 days later I change my mind?
So the situation I'm in is:
- I have applied for an apartment like 3 weeks ago, they finally called back asking I want the apartment.
- I have visited a different apartment last week that is nicer, cheaper and most importantly 10 minutes walk from my workplace. They said I'm a very good candidate, all my papers are in order and I should expect a quick reply (It's far away from city center so not that many other applicant).
I would really like the second apartment, but considering it took 5+ applications till I finally got picked, I can't walk away from the first one.
I was wonder what happens if I tell the first agency that I want the apartment, but if I get offered the second one in 1-2 days, before I actually sign the lease, I say I've changed my mind? Can anything else happen besides the 150 CHF fine that's specified on the application form and the obvious breaking of trust with the first agency?
Assuming you haven't signed a binding rental contract then no of course nothing else can happen... what do you expect, to be locked up in jail? The application form says there is a 150chf fee if you are offered the apartment and decide not to take it, so that's it.
You do not have to pay the fine, not even it you signed for it on the application form.
What they can do is likely redraw the offer towards you if you ask them to wait till you get the results from the other apartment and offer to somebody else.
Actually even this CHF 150 fee is questionable and might not be enforceable in court. Have you already seen the full contract in every detail before you said yes you will take it?
No, they have just given me a phone call today asking me if I still want the apartment.
I said yes, but asked them to wait till tomorrow for a final decision, since I'm waiting for another place which I would like more, since it's closer to my workplace.
I don't mind paying the fine, what I'm more worried is getting flagged somewhere which will then make it more difficult to rent something later down the line.
You do not have to pay the 150,- And that company might not want to rent out to you in future, or the person involved might remember you and not rent out to you as long as he remembers you but there is no such thing as a register which would be shared with other companies.
I haven't exactly seen the rental contract, so technically I could say I don't like article X, paragraph Y for a random plausibly sounding reason and say that's the reason I decided to back down.
Considering there are 20 other agencies and I would likely not move from my place, I guess I can live with one company hating me...
What would not work? He does not even have to give a reason.
With the application form you do nothing more or less than asking the agency to make you an offer, if they choose to do so there is not a single legal need to accept the offer and if the offer is not taken there is no need to justify such.
Well yes, but when they give you the offer and then you say "Yes, I would like to accept the offer", it has legal value, or so I've heard.
There was a similar thread where the tenant said yes to the offer on the phone, but changed his mind the following morning and then got a 200 CHF fee from the landlord cause he already started drafting the contract/other preparations and the general consensus was that the tenant should pay the fine.
I took your: I was wonder what happens if I tell the first agency that I want the apartment in the openingspost as referring to the application.
I mean how can you accept an offer that you have not seen yet? We were always asked if we still had interest, and if so they would send us the papers after which we could read those and agree or not. (I never had to deal with small agencies tho)
It would make sense to reply to this courtesy phone call by telling them no, in which case you will pay nothing, or yes, and then they will go ahead and prepare the contract.
Nowhere. But you never know how a court would decide in such a situation where all was presented and clear before hand. Specially before signing an application which such a clause.
In Switzerland all we know is the Canton Thurgau court ruling. But for example in Israel a prospective tenant had to pay 8000 Shekel in damages be cause they made the landlord believe they were interested in contract but pulled out in the end.
You are certainly aware of Art. 16 Code of Obligations, if a written contract is foreseen non of the parties shall be bound before the written contract is signed. But, for apartment and housing rental a written contract is not necessary (although very customary).
For safety and not to be shafted with a fully binding verbal rental contract it is best to ask if there will be a written contract before you say that you are still interested in the apartment.
Edit: Even better is to ask if there is a written contract and then tell/reply "Please send me the written contract."
Also be also aware of Art. 151 Criminal Code (btw. a clause which dose not exists in the German criminal code)
Simply tell them you're still searching elsewhere. And no, those 150CHF aren't enforcible as long as their efforts are part of ordinary pre-contract proceedings and negotiations.
is it just me? I find this finding apartment search and rental process extremely stressful. In the end I settled for my third choice because I was scared about not getting offered any others and having to spend weeks looking again! I was also worried about having submitted three different applications and all the potential fees they could charge if offered and I said no.
One morning I lost three hours because I made an appointment to go the regie for the key to see an apartment. Picked up key, then drove across town to the apartment. When I arrived, turned out the regie had given me the wrong key. Other than sorry, nothing. Not an offer to bring the right key or even call me so I could see apartment when they were checking the keys. Nothing.
For the other apartments, like a cattle call. Open houses with tons of people. I really felt hopeless during every visit.
I realize my American customer service expectation side has no place in Switzerland. But this is really bad.
Of course, I could have paid someone to do it for me... if I had the money.
I don't know about America, but in European cities there is nothing weird about this. And try to rent a room or normal apartment in Amsterdam within a year without knowing people....