Tenant not communicating?

Accomodation, House and Garden
1

I recently bought a property, which is rented out to two tenants. A flat and a garage. The previous owner notified both tenants that the property was being sold.

The garage has a 1-month termination period, so I notified them (registered letter) in March, with a end-date of end of April. I got no response.

I sent a letter after 3 weeks or so, providing 3 slots for the key handover (all being after the 30th of April, so they get the full month of rent - handover being on the 5 or 6 of May due to the holidays). In an attempt to speed up comms, I provided my phone number and my email address.

Again, no response - it’s been just over a week now
 and I’m getting a little worried.

Any idea what happens if we get to the end of the month, and still have no communication?

2

Change the lock on the garage? After notifying them of the date that you will do that, of course, and offering a final “be there or else” date for the previously planned key handover.

3

Do you have keys?

4

Are the tenants fluent in the local language?

5

you don’t have their phone number? The official communication (registered letter) should hold, yet, speaking on the phone clearly puts pressure on them.
If still they don’t answer, or they do not show up, I would send a second registered letter (better through your lawyer), and tell them that if they don’t render the keys and vacate the garage on day X, you will initiate an eviction with the relevant court.
I know, it is painful, but better 1 day red, than 100 yellow. They will take action, or they will have to pay much more money.
I have been on that situation myself - my tenant stopped communicating, and started lagging on the payment of the rent -and didn’t pay any of the utilities- (not in Switzerland, I wouldn’t be able to afford it!) and after a lot of crunching teeth from my side (and losing a considerable amount of money), I took the guy to court. There is a fine line between being nice (and naive), and being stupid. I learnt it the hard way.

1 Like
6

I don’t, but have asked the previous owner if they do.

I don’t. Previous owner handed all the keys to the tenant.

No clue (then again, neither am I :stuck_out_tongue: )

7

When we rented we were told in no uncertainty terms we had to turn over all keys to the tenants. Which we did, almost. We did keep one set which we locked in a bank safely box at the UBS. We never needed to use them and we didn’t.

8

I would obtain some legal advice first. Changing locks could be considered “Nötigung” (menacing).

9

Simply talk to them. If they dont want to talk then threaten in writing legal action (registered letter)

10

You need a court eviction verdict. And you’ll need the police’s support and presence to act it out should it come to that (plus probably a locksmith to get access).

Assuming the registered termination letter was received in due time (*) you can start the eviction process May 1. Personally, I’d ask the arbitration panel (Schlichtungsbehörde) for advice now already - did you follow proper procedure, is it a clear case and whatnot - as they work for free, are neutral, and advise both sides. Also, the court will usually strongly consider its findings so you’ll have a good idea what to expect down the line.

Should you have lost confidence in the renters and want to terminate the flat’s rent, too, it wouldn’t hurt to ask the panel for advice at the same time.

Here’s renter-friendly ZĂŒrich’s take, yours may differ as you seem to be in the Romandie.
Ausweisung: Gerichte ZH.

(*) make sure the contract can be terminated per any month’s end, rather than having just 2 or 3 contractual end dates like apartments often have.

11

Ironically, the flat is easier.

As the flat tenants I met (face to face) when looking at the flat, I have their contact details. Further, we used the official form to terminate the rental (from the Canton)
 and indeed, the flat has 3 months (as it’s for my family use)


The garage was a nice to have to get the rally car ready; and it’s a bit frustrating as the seller didn’t give me a written contract (only the verbal contract that they have with the tenant and the guarantee that it’s a 1-month notice period).

12

Oh, I thought the two tenants have flat and garage together.

AFAIA a garage as an independent unit has two weeks notice period, to the end of each month. So your notice should hold.

13

I get the impression that the tenant of the garage is not really using it or using it for storage? If it were in regular use, the flat-renter should have an idea of the habits and it would be easy for you to kind of “run into them by coincidence”?

14

Hee hee
isn’t that called “lying in wait”?

15

It’s an apartment block and underground garages - so unlikely


That said, based on the garage tenants address, they appear to be a mechanic and/or car dealer
 so quite possible the garage is used to store a nice older car out of the elements


16

It’s a Tiefgarage? One big hall? Then you can just go have a look?

17

One big hall, with individual garages (each one locked with a roll up gate)

1 Like
18

Aka un ‘Box’.

19

So quick update.

I have prepared a third letter, this time will be sent registered (tomorrow, so they get it before the 30th). Informing them that given that they haven’t replied to the previous two letters, the handover date is the 5th of May (to avoid public holidays), and giving them 2 slots they can pick from.

Let’s see what happens.

I really hope this doesn’t end up down the legal route, as I would need to find a lawyer!

(at the same time emailed the old landlord for any phone number he may have)

20

You could mention that additional costs are likely to arise if you’re forced to go the legal route, in case they don’t cooperate.