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HOUSING

Can a Swiss landlord charge a fee if you renounce to rent an apartment?

Say you signed a registration for a flat in Switzerland, but then changed your mind. What, if any, fees are you liable for if you decide to withdraw your application?

Can a Swiss landlord charge a fee if you renounce to rent an apartment?
You're not liable for any fees until you sign the rental agreement. Photo by Scott Graham on Unsplash

In some areas of Switzerland, good and reasonably priced rental properties are difficult to come by, so once you find one, you hold on to it for dear life.

But it can also happen that you change your mind for whatever reason and no longer want to proceed with the rental.

What happens then?

Some rental agencies’ registration forms include a clause stating that if you cancel after a contract has been prepared, you have to pay between 150 and 200 to cover administration costs — even if the contract hasn’t yet been signed.

This is ostensibly for all the time and effort that went into preparing the lease.

If you are unfamiliar with Swiss laws, you may feel a duty to pay these fees, believing that if you don’t, Swiss rental police will knock on your door.

But you can relax: apart from the fact that there’s no such thing in Switzerland as “rental police”, you don’t owe the agency or landlord anything.

That is because registrations and applications of any kind —  including those for rental properties — are non-binding until both parties have signed them. Up to this point, an application can be withdrawn without incurring any costs, even if the agency / landlord have you believe otherwise.

READ MORE: REVEALED: The six major Swiss cities where rents are falling

Why are landlords / rental agencies engaging in this practice?

To be fair, not all of them will attempt to make you pay for failing to sign the lease. Those who do are hoping you don’t know your legal rights, especially if you are a foreigner who (they hope) is still green behind the ears when it comes to rental regulations in Switzerland.

However, according to the official site of canton of Geneva (but this rule applies nationally), some exceptions could be admissible.

If applicants are not acting in “good faith” — for instance, by belatedly expressing their refusal to sign the lease and delaying the rental process while other potential tenants are kept waiting —  the landlord could ask to be compensated.

This is not a clear black-and-white situation though, as “good faith” calls for subjective judgements, ones that the landlord or rental agency could not make unless they have proof that candidates’ actions were dishonest — which is also difficult to prove.

But even in this case, the landlord “could only invoice his actual costs: the costs of drafting the lease contract and sending it out, for example”, according to the Swiss Tenants Association (ASLOCA).

You should also inform yourself about what your landlord can and cannot demand of you.

“You have to remember that just because something is written in the lease doesn’t mean it’s true”, ASLOCA said.

“Lease law is protective of the tenant and takes into consideration that the latter does not necessarily have the possibility or the resources to read and carefully negotiate any clause of his lease”.

If uncertain of what your rights and obligations are, this official government site provides useful information and  resources, including who, in your canton of residence, can help in case of a dispute with your landlord.

READ MORE: Tenant in Switzerland? Here’s how to apply for a rent reduction

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FAMILY

EXPLAINED: Why so many baby names are banned in Switzerland

These days, it’s not just celebrities who seem to have a penchant for ruining their child’s life by bestowing him or her with an odd moniker. In Switzerland however, there are several rules about what you can - and cannot - name your child.

EXPLAINED: Why so many baby names are banned in Switzerland

Whether its hanging out your washing on a Sunday or flushing your toilet after 10pm at night, Switzerland has several rules which can be surprising to foreigners. 

One such example is what you are allowed to name your kids.  

While from time to time, parents’ failed attempt to give their child a unique name might make the news, there are in fact an extensive variety of rules about which names can actually be chosen in Switzerland.

Sticklers for the law as they are, the Swiss have several rules controlling what baby names can be given. 

No names which will damage a child’s well-being

Although this appears incredibly difficult to define, there are several actual examples which have been rejected for breaching the well-being rule. 

In considering this, Swiss authorities will look at whether “the child will be exposed to ridicule because of its name.”

This includes ‘Grandma’, ‘Rose Heart’, ‘Prince Valiant’ and ‘Puhbert’. 

REVEALED: The most popular baby name in each Swiss canton

They specifically prohibit giving your kid a name which will damage his or her “well-being”. Names aren’t allowed to be offensive either. 

Twins

Twins must not have names that are too similar to each other. 

The names must not be either spelt or pronounced in the same way. 

Swiss media gives the example of calling two boys “Philip” and “Philipe”. 

No villain names

Switzerland – or at least large parts of it – remain relatively religious, which is probably why choosing a bible villain name for your child is verboten. 

Newspaper Telebasel reports that the name Judas has already been rejected by Swiss registry offices – and will likely be rejected again. Satan, Cain and Lucifer are also banned. 

Boys are boys, girls are girls

Ever the traditionalists, Switzerland has tight gender rules for naming children. 

Specifically, a name must clearly indicate a person’s gender. 

Girls cannot be given a boy’s name and vice versa. 

If a name does not clearly indicate the person’s gender, then the child must be given a hyphenated double name or a second name to make this clear. 

Numbers or letters

In 2017, a Swiss court said ‘J’ was not appropriate as a middle name. 

The court held that allowing ‘J’ would be similar to letting people have a name made up of numbers – although ‘Jay’ a la Homer ‘Jay’ Simpson would presumably be fine. 

No place names

While the world might be debating how to cater to non-binary people who want to be identified as ‘their’, identifying as ‘there’ is a big no go in Switzerland. 

Place names for people are forbidden in Switzerland. 

This may not be interpreted incredibly strictly – Dakota Fanning and Brooklyn Beckham will be OK for now – but if you want to name your little boy ‘Matterhorn’ you may come across some resistance. 

READ MORE: How much does it cost to raise a child in Switzerland?

No product names either

No matter how much you love a particular product, you will be prevented from honouring the brand by naming your child after it. 

That means Ovaltine, Rivella, Chanel or Ferrari are off the table. 

You’re also banned from naming your child after a plant or after an animal. 

What about foreign names? 

One major question – particularly among Local readers – is whether foreign names are banned. 

The main question is whether the name appears in the ‘Internationalen Handbuch der Vornamen’ – the International Handbook of First Names. 

This book – which does not appear to exist in English – expressly lists acceptable first names. 

If it appears in the book, it’s OK with Swiss authorities. 

Which names have actually been banned in Switzerland? 

Suissebook has listed several baby names which have been banned in Switzerland for breaking at least one of the rules listed above. 

In addition to all of those mentioned so far in this article, it includes Bierstubl (place name), Troublemaker (well-being), Mercedes (brand name) and Sputnik (not sure if that is a place or a thing, but either way it’s banned).

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