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Old 24.06.2015, 03:24
finbarsmom finbarsmom is offline
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Need advice on lying landlord/unforeseen construction

We rented a house in April (before we actually moved here) and were told at the last minute when we went to sign the lease that half the large yard would be sold off and two villas built on that land. As we at that point did not have time to find a different place to rent, we did much back and forth with the Regie who assured us that the owner said the construction project would likely not start for at least a year because it had recently been rejected by the canton of Geneva. So to buy us a little peace of mind, we renegotiated that we could give 30 day notice 9 months into the lease for peace of mind. The contract does indicate that we are aware that there might be construction.

now that we have moved in, the reality we are just told is that not only is that villa construction project going to start 5 months into the lease this coming September (not the year or more they verbally indicated), but that another construction project on the existing house we rented has to take place by January/February 2016 in order for the Canton to approve the construction of the two villas (the project we were told about). This means in effect that we will be living literally in a construction zone for 4-6 months right on the walls of where we live as they have to take an old Grange and reduce the roof line and make it a liveable room.

The Regie claims they owner did not tell them about this second project. The owner claims they thought they had 3 years to do the second project to make right with the Canton but that the Canton changed the rules and they did not know.

The reality is that these folks are in financial trouble and saw us as a cash flow solution and so told us whatever was needed to get us to sign the contract. But now that we are hear with our two children and about to sign them up to school, and awaiting our things by ship fro USA any day now, we are stuck.

We plan to see Asloca soon, but today we spoke with the Regie who suggested we simply find another house. They also said that if it went to court, we would likely end up with nothing. When I explained that we are awaiting a shipment of our things from the USA (we just moved) and that moving again would cost us a lot of $$ I then asked why the owner doesn't lower the rent to compensate for this unforeseen construction? At first the Regie was reticent, but when I noted to them that no one would rent the house now, given what they know about constructions, then said they would ask their lawyer if we had a right to ask for that. But I fear this is not what they want and I don't trust them.

I recently read a thread that indicated that one can demand compensation for construction noise and disturbance. Is this true? our contract does say that we are not due lower rent compensation for the construction, but verbally at least, we were told this was the construction on the two villas. The other construction was not mentioned at the time of signing the contract.

Essentially at the time, they had us a sign a lease under false pretenses, but most of this is verbal conversations/assurances...there are some emails between us and the Regie.

Suggestions besides getting a lawyer or the obvious thing to move out?

Does anyone have relevant experience or advice on how we might push back for rent reduction or even reimbursement for "forced" moving costs?
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