Hello all,
I applied for an apartment and got the offer. I wanted to check some problems before taking this offer, so I didn't explicitly saying 'Yes I accept' in the email.
The agency answered my questions by email this Monday, but I was on the vacation and didn't reply to them. However, the agency still sent the contract to me.
I told them I won't accept it, and they replied I needed to find the next tenant. Is that a legal thing? I didn't sign the lease, so I think at most I need to pay the fine for constructing a contract.
Does anyone have some suggestions or experience about it? Thanks!
You're not bound, or obligated to anything, until they've received the contract countersigned by you. That includes some made up fee for them sending you the contract, such would be pulled out from their behinds though it appears to be more of a thing in the Romandie, less so in Zürich.
They simply try it on. That's shady, you may have dodged a bullet by avoiding them. Perhaps say No once, or ignore entirely, your choice.
IMHO every foreigner who intends to rent would be well advised to join the Mieterverband, the renters association.
You are free and lucky that you didn't say yes like I did. I'm having a terrible time. They have nothing on you - not even the fee theyve made up.
They just cant be arsed looking for another tennat and are trying to reel you in.
From your description it clearly looks like a negotiation in progress with no final agreement, not even informal.
Moreover you have never paid any deposit so you they don't even have that leverage.
Just for safety, document carefully all the communications you had, including the part where you say that you do not accept the conditions (and that you never agreed to get the contract). Then stick to your position of "no thanks" and avoid letting them enlarge the discussion. Look for official advice should they insist on their claims.
And exactly how would you feel if you rolled up, permit in hand, suitcase in the other to your rented apartment and the landlady told you "sorry sweetheart" i've changed my mind" ?
Until you've signed the contract and they have countersigned, you have no obligation at all.
A short email telling them that and for you the matter is closed should be the end of it.
If you want to make double sure send them a registered letter as well, but that's not really necessary as they don't have a leg to stand on.
The code of obligations is pretty clear, if the parties agreed on a written contract neither side is bound until the contract has been signed. Both parties are free not to sign.
Art. 16 Form stipulated by contract