I just moved out of a sublet recently. When I first moved to Geneva I did not speak any French and didn't bother to research the laws so I foolishly paid the security deposit directly into the tenant's personal bank account. I later learned the sublet was not declared to the regie and the tenants charged me 200 CHF more than their original rent.
I moved out 30 November and waited for a month to get my deposit back, but silence. I just contacted the tenants again today and they told me there are repairs that need to be done on the apartment and they cannot give me back the deposit until the regie has provided them with the costs/invoices.
I don't have an issue with this in principle, but as you can see from the description above the tenants have a history of not being transparent with me. I am not comfortable sitting around waiting for this to be resolved with no clear deadline.
Here is what I plan to do:
1. Call Asloca in the morning
2. Send the tenants a registered letter stating a deadline to return the deposit by 28 February
3. Open a debt claim with the Office des poursuites, should they fail to meet the deadline (not sure if I should make this threat in the register letter)
Anything I may be missing? Any advice is appreciated.
They can hold it for up to a year, so a month is nothing.
Tom
Thanks, that is one thing I am unsure about, whether the rules still apply if this entire sublet was technically illegal. I will have to ask Asloca.
Were the defects documented in a protocol at handover?
I would like to jump in into this discussion. I'm leaving my flat at the end of January and I'd like to ask you what kind of document should I ask my flatmate, the tenant, to sign before returning the keys, so that I, the subtenant, will be sure to receive my deposit back within a year.
up -- nobody can help? I'll move out this weekend...
Did you pay the deposit to the agencie/owner or the main tenant?
Is the main tenant also moving out?
Did you just rent a room or the whole apartement?
Was a protocol establishen when you took over?
Directly to my flatmate's bank account. He's the main tenant.
Yes. Not on January 31st, but later, like March.
I have a singe room.
Like an agreement? No. On the contract there's written that he will return the deposit the day I leave the house (Sunday the latest). This is not going to happen as he's not in CH this weekend. He just promised he'll transfer the money on next Monday (February 1st).
Normally a protocol is established to note any pre existing faults ex. scratches in parkett, stains etc. This is done so that you cant be blamed for those the day you move out.
Anyway, clean your room and common areas.
If no damage beyond the normal wear & teare has been caused, your deposit should be returned in full.
Again normally after inspection a departing protocol is establised that all parties sign.
Thanks Sigh. That's what I'm asking for: a template for the document I should make my flat mate to sign.
Thanks Sigh! How would you use that template? When you check a box, does that highlight a damage to the relative item, or that it is returned in a good state?
In my opinion it would indicate a damage.
So if there is none it should be written at the end of the document & both parties sign.