Hello all,
The background is that I sublet one room of the apartment to one person, but when doing the room inspection checking after he decided to leave, we found there is a deep scratch on the floor of his room.
He denied the responsibility of the damage and asked us to show the evidence that there was no scratch before. We showed him the picture 10 days before he moved in, but he argued that the scratch could also be made in these 10 days.
At the same time he could not provide the evidence the scratch was not there and not made by him as well. In the end, he proposed it is half-half responsibility, and would pay 50% of it.
We are angry indeed but could be any better idea of this issue? Thanks.
That’s crying over spilt milk. The issue at hand is the missing move in protocol. In the absence of a protocol courts have decided the damages were already there.
https://www.mieterverband.ch/dam/jcr…-protokoll.pdf
https://www.mietrecht.ch/documents/D…p_4_03_197.pdf
In this light a 50/50 solution doesn’t sound that bad.
Be aware that you have to take into account the remaining life time of the floor.
https://www.hev-schweiz.ch/vermieten…sdauertabelle/
https://www.mieterverband.ch/mv/miet…ertabelle.html
Thanks for the detailed information.
May I ask if it's possible that the damage time of the scratch on the floor can be estimated by professionals since the scratch is a bit unique and deep, could be some timing signs on it.
Do you have a move in protocol or not? If not, as mentioned there is not much you can do and spending hundreds on a professional will not change that.
Chalk it up to lesson learned I guess?
Deep scratches have a different life span than normal scratch btw - have a look at the tables provided.
Thanks. I'd better take it as LL.