There is a few threads about this but I couldn’t find a simple step by step walk-through the process.
I’m thinking of exercising my right to appeal. Obviously the first issue I can see is the language barrier. I can manage with written communication using modern translation tech, but I guess it might end up with formal assembly. Can I bring an interpreter with me, or perhaps a lawyer representing my case?
Anyway, the increase is justified by the area becoming better. IMHO, this has nothing to do with the apartment, the running costs, etc, so I bet the increase can be cancelled.
Generally, it sounds strange to claim increase to adjust to comparable rents in neighbourhood when the contract has just been concluded recently and the landlord could have adjusted there. But it will depend on the details.
There is also info on process. Mediation can work and is free, afterwards you can still go to court.
Maybe talk to the renters association first to get an initial read and cover basics such as deadlines. They should also be able to help with writing the initial challenge letter.
The only time a rent can be increased is at the end of the rental period. If you have a one year contract renewable then with the proper notice the landlord can “try” and increase the rent. Equally, if interest rates have reduced, then you can apply (depending on circumstances) for a decrease.
However, what I have seen, is if the rents for the area have substantially increased, the landlord will just give you the proper notice and you have to leave. He will then rent it to someone else at the higher rent.
Is that allowed? I thought that notice can be given only to claim self use (and in this case it’s not a private landlord who might have go this route).
I’ve checked the Mieterverband, but I can’t use their services. I wasn’t a member and they explicitly list a 30 days waiting period for the legal insurance.
I haven’t written, it’s about a new contract I’ve just signed up. I know I have 30 days, since the start of the contract, to appeal. All the info is attached to the contract. The justification of the increase seems absurd. The rent is rather on the high end of rents for comparable properties in the area, plus I’ve heard that they can only claim increase if they incur any running costs, i.e. renovation. This one was based purely on my income “oh, you can afford even double the rent, so you won’t mind paying 200 chf more”.
So you agreed a rent just recently and now they want to hike? That is very unlikely to fly. Check the link I posted. Or do you want to challenge the rent that you have already agreed?
This is not so unusual. New tenants may sign an agreement in order to get the flat and then challenge the increased rent. Just do it in a civilised way
Increasing rent when renting out new contract is OK to adjust to “comparable rent levels” in the area. You can only challenge when increase is >10% vs previous AND you need to demonstrate that yout rent is “abusive”, i.e. clearly above comparable levels.
Yes, you will be able to bring an interpreter. More important is having your case right. MV or lawyer probably.
If I was your landlord, I’d blacklist you. I hope for you it is a big agency.
I meant any “instititional” landlord with an agency like Livit. They have seen this hundreds of times and won’t take it personally.
If increase is less than 10%, you can challenge if you were in an emergency situation and they market was excessively tight. I am afraid that the rent still needed to be abusive. All will depend on the case details, but I wouldn’t get my hopes too high.
I think first step is to gather the evidence and review it. If it goes the full distance you anyway will need to present this to the arbitration board/gemeinde/whatever so before you even start down this path, look at what eviidence you have an evaluate whether it is really convincing or not. If you have convincing evidence, then I guess you could:
Check with your gemeinde for the process and correct authority to appeal to.
You probably need to write the landlord to see if they will adjust (maybe give a proposal for adjustment) and then if they disagree, then you have to go to the third party to resolve.
Well, the process is quite clear. You need to appeal to a mediation court (“Schlichtungsstelle”) first, here is the how to find them. The mediation court will try to suggest a compromise, but both sides need to accept it. If unsuccessful there, you go to next stage which is typically a regular court. Mediation is free as far as I know. If you lose in court, you will bear the cost which is probably going to be a few thousand francs.
