Hi everyone , I am kind of new on here and I rented 3 1/2 rooms apartment for more than 30 years from the same landlord which is fund org.
Back in 2017 due to a very intensive renovation of the owners which last 18 months I was forced to pursue legal avenues in Basel which did not bring me huge success but covered some of my cost . Once the legal proceedings ended I had four years rental protection from Kanton BS against any form of rental contract termination .
On March 31, 2022 at 21:00 hrs the owner of the house knocked at my door and handed over to me the termination after 20 years giving exactly 3 months to leave the apartment disregarding the fact I reached age of 68 and by now I'm retired. The real estate company (Liegenschaft ) was bypassed by the owners and they did not know a thing about the termination
my questions :
1/ Is it legally allowed to hand over the termination so late in the evening
and in person ?
2/ Is it legally permitted after 22 years to throw someone out on a 3 months
cancellation period disregarding my age and the length I lived here ?
3/ By being forced to search another apartment within such a short time
I had to accept a smaller apartment while losing 40% of my furniture
which can't fit in the new apartment then forced to put down an
enormous amount of money for removal , under which paragraph
I can hold the owners liable for my losses and claim the removal
cost from them ?
I approached Slichtungstelle fuer Mieterstretigkeiten BS , what are my chances to get through with my claim ?
Thank you in advance for your help
Best Regards
Alex K
Its late so only short reply.
I think there is not much you can do. Yes the landlord as owner can give you notice anytime.
Check your contract for the Kündigungsfrist (termination period). You might have had an option to ask for a Fristerstreckung (longer notice period) because of your situation but as you have found a new apartment that does no longer apply.
If you have Rechtsschutzversicherung run it by them. Or contact the Mieterverband.
You could have left the door closed. (Easier said than done).
For regular notice period see your contract. But it does not seem to be unusual.
For legitimately of cancelation see rental court / Schlichtungsstelle. There is no harm in trying to get an extension. Age and the possibility to get a similar flat are factors to get an extension. Extension can be for up to two years. Never the less start looking for a new place.
Sorry this had happened.
"The landlord must notify the tenant of the termination of residential or business premises in writing and on an officially approved form . A normal letter is not enough. If these formalities are not complied with, the termination is void. This means that from a legal point of view, the tenancy is not terminated at all."
Did you recieve said special form or just a normal letter?
"Tenants can contest evictions
You can contest a formally valid notice of termination with the responsible arbitration authority within 30 days of receipt and request the following:
Annulment of dismissal for abusiveness
Extension of the tenancy (=extension) in case of hardship"
Did you contact the conciliation authority within those 30 days?
https://www.mieterverband.ch/mv/miet...vermieter.html
Join Mietverband if you havent already.
What exactley is your claim? Considering you already seem to have found and moved to a new appartement.
Hi there ,
Thank for letting me know
To be more explicit, the cancellation of such contract can be done through a registered letter or even handed over at the door during working hours and not at 9 o'clock in the evening which in my view constitutes a serious contract violation.
In addition and in accordance to what I heard so far from various sources when such cancellation is issued after so many years ,it must consider various aspects such as age, the length of contract , how deep rooted someone is rooted the area etc .
All these aspects were not taken into consideration by the owners at all and by giving me just 90 days notice they caused me serious expenses and losses of personal effects which would not fit into the smaller apartment
I've mentioned already that I have filed for a conciliation demanding the owners to pay me the removal cost as a result of their decision not to leave me sufficient time to find an appropriate apartment causing me severe expenses firmly believing the termination was abusive due to the fact that 4 1/2 years ago I won a legal battle against them at the civil court here due to a dispute related to post renovation damages they caused me.
As into joining Mieterverband in other parts of Switzerland I can't talk about because I don't know , but here in Basel is the worst thing someone can do.
Best Wishes
Alex K
Not really ,you are totally wrong the notice can not be given anytime such as late hours or very early morning hours !
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Do you want people to give advice? Then why are you shouting at them?
Nobody here is responsible for what happened to you, how unfortunate that may be.
Not sure why you think that joining Mietverband is the worst thing someone could do.
They would have told you that you are protected from termination during the arbritation proceedings, hence more time to search for something suitable.
"Am I protected against termination if I initiate proceedings against the landlord with the arbitration authority?
Yes, you are protected against termination during ongoing arbitration proceedings. Even after the conclusion of arbitration or court proceedings, you are protected against termination for three years under certain conditions. Namely when the proceedings are concluded with a settlement or when a judgment or proposal for a judgment is largely in your favour. The three-year protection against terminstion also comes into play if the landlord withdraws or reduces his claims or does not go to court after the arbitration authority has failed to reach an agreement, although he could. Protection against termination does not apply in exceptional cases if the landlord z. B. can assert a very urgent personal need."
https://www.mieterverband.ch/mv/miet...verfahren.html
Yelling , barking , holding other accountable for my problem ? I think you have a serious problem today or are you always like that ?
I gone through all these issues about Mieterveband in the
past , was the worst mistke to trust them . take a look at
their feedback
https://www.google.com/maps/place/Mi...OIAQGSAQRjbHVi/@47.5589952,7.5880813,16z/data=!4m9!1m2!2m1!1sMieterverband+basel!3m5!1s0x4791b9ba83a39123:0x2daf8968a6d6f59b!8m2!3d47.5619942!4d7.5952841!15sChNNaWV0ZXJ2ZXJiYW5kIGJhc2VsIgOIAQGSAQRjbHVi)
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Man take your pills and shot the F up !
So you receiving a registered letter when you get home from work (outside working hours) would make it invalid? I don’t think so.
If your contract stated 90 days then that’s all you had. The agency is under no obligation to give you more time; they might if they feel like it, but it’s not a requirement just because you’ve lived there for many years.
My question is this: you say the owners of the property had no knowledge of this termination. Why didn’t they? Presumably the agency cannot just terminate a rental contract without their prior approval or under their instructions.
I really, really wouldn’t go around telling a moderator to do that if I were you.
Bullshit.
I have had registered mail delivered after 21h!
Tom
Read again what was written:
Its quite clear that you disprove of the way & hour it was done.
However there is nothing that regulates the way or hour.
It is in the owners interest to send a registered letter for proof of delivery.
Unless of course they brought 2 copies of which they kept 1 (signed by you).
Seriously clutching at straws over the delivery time thing. What do you think will happen if you complain? The landlord will deliver you at letter again at another time and it will buy you what? A month?
The notice date is 3 months, regardless of how long you've lived there or your age.
I don't get it, have you already found another apartment and moved out?
If not the way to go is to immediately contest the notice on the ground that it will be difficult to find a similar apartment for a similar price in the neighborhood and get an extension. Get your legal or renter insurance to help. Your age and the time you lived there will for sure support you but it is in itself not a right to staying longer etc.
If you have already found an apartment and moved out then now claiming back stuff will be almost impossible.
K
If the owner came at 9pm, and you answered the door and accepted the paper, then there is nothing wrong with that. However, you could have refused to accept the letter, and further, normally you have to acknowledge the termination by signing a copy of the letter and handing it back. Hence the reason most termination notices are sent by registered mail.
When sent by mail, time has to be allowed for the delivery and possible non-delivery or acceptance, in which case the owner can put the returned registered letter in another envelope and send it by A post. It is then deemed served. Normally we allow 15 days for this in order to be correctly served by month end.
I can't speak for canton Basel, but if the papers have been correctly served, and you've been give 3 months to find somewhere else, then I doubt a tribunal will find in your favour. It's also extremely unlikely you will receive any compensation for moving or because you have to downsize.
Another important factor, is the tribunals are usually reconciliation offices, which try and reconcile the party's. The owner must attend, but he can refuse any reconciliation, in which case your only option is the court.
AlexKilo has found a new apartment. He already moved in but had to downsize. See point 3 of his first post. For some reason my iPad doesn’t want to quote properly