I have a quick question about how rent is split between members of a WG in Zurich? I know that normally, the price varies on the room size and have found that to be true in the private apartments I've seen and this is also how WOKO does it. But I was wondering if there were any actual legal requirements that it must be done like this?
I am wondering because we are a 3er WG and the main tenant did not tell us that the total rent was reduced some months ago and we found out the actual new total rent by coming across an open bill. So, the other flatmate (not the main tenant) and I did the math and found out the main tenant is paying about 100 francs less than us when our rooms are significantly smaller (think 10m^2 compared to 16m^2).
The main tenant has also known the required move-out date for the flat, as it is on their contract, but undetermined on the subtenancy leases, and never notified us. We found out by calling the office ourselves after noticing activity in the area. So, we had to provide our own notification within 2 months of needing to move out. But I think they are probably okay on this, since their minimum notification period is 2 weeks I believe (even though the act is unkind).
So I was wondering if anyone had any information or links to direct me towards the legalities of flat-sharing and specifically on the splitting of the rent between the rooms? I'm especially curious to know if people can take advantage of WG's and be unfair like this or if there is some clause for protection from this. I'm not finding much on my own searches, but I'm thinking I'm not using the correct keywords. Any help/guidance is much appreciated!
There's no law governing this (unless main tenant makes a positive and excessive profit from subletting without permission, but it doesn't sound to be your case). There's freedom of contract in Switzerland, it's up to whatever your contract says. You don't like the deal you got - renegotiate the terms under a threat to cancel contract, but be prepared to have to move your ass out then
There is no legal definition set on how to distribute the rent between the three of you, it's always best to take in a distribution key in the contract so there's no discussion on lower or higher prices.
With who do you have the contract? The landlord/agency or the main tenant?
Okay thanks, I figured that's what the case is. And I think he might have made this move when the rent was reduced because we have to move out anyway by the end of next month, so it was no risk or issue for him.
It is just with the main tenant, so it is just a subtenant lease distributed by the migrations office. He is the only one that has the full contract with the landlord.
The main tenant pays all the main bills with his bank account, which we send him the money for ahead of the month payment
Regarding cancellation period, by law only furnished rooms can have a cancellation period of just 2 months (rooms which are rented out with basic necessarily furniture). For all residential rental the minimum notice period must be 3 months and can not be set lower.
Legally the subletter has to leave the house the moment the main contract ends, however it is the main renter who has to cancel the contract in time with the subletters, if he fails to do so I'd make a nice claim for storage and an hotel for the rest of the cancellation period.
Sorry for the confusion, I worded that part terribly. Essentially, the main tenant did not give us any notification of when the contract would end. We contacted the landlord ourselves and found out that our apartment's contract would be terminated in 2 months.
And also aSwissInTheUS, thank you for your previous post. It had a lot of helpful information.
We are the sub-letters and have not yet submitted the form for termination of the contract, since we are moving out on the last day of the main tenant's contract. Our complex is getting demolished, so the landlord is terminating the main tenant's contract on September 30th and ours will dissolve with this.
I'd be sure to start looking around for nice hotels, or perhaps other solutions, like he can buy it of for a decent amount of money and has to provide a storage, hmm time to order some holiday folders
You have to submit nothing. If they want you out of the building they have to submit to you. If they have not done such it is legally their problem that you have a bed and roof for the failing period.
Let's say the building has to be empty in 1 month, but the termination period is 2 months then he has to provide something for one month, or you can agree on an amount of money that would make you agree to leave before the termination period has ended.
This is not the case, since it's an unfurnished room in a WG.
However both parties seemed to have agreed on 2 months so i would take 2 months (Even tho shortening the "frist" is bound to a lot of rules and hardly ever is done correctly and thus not valid)