Go Back   English Forum Switzerland > Living in Switzerland > Business & entrepreneur  
Reply
 
Thread Tools Display Modes
  #1  
Old 21.10.2019, 10:03
Junior Member
 
Join Date: Jan 2012
Location: Lausanne
Posts: 94
Groaned at 1 Time in 1 Post
Thanked 67 Times in 42 Posts
hans1 has become a little unpopular
Flooding in our Warehouse

We rent a 150m2 warehouse on an old industrial building site.


Since the start of the lease we noticed certain issues, notably humidity levels around 80% due to bad air-circulation resulting into mould development on the walls. After installing a large capacity dehumidifier this dropped to about 60%, which for us was acceptable.



Now since the rainy period has started we experienced a flood just this weekend, probably because of issues with the drains since it is a really old building. Contacting the landlord lead to nothing so-far, we simply were told "to call the fire department" in case of floods. They do not want to perform any large works to improve drainage.



We keep an inventory with purchase value of about CHF 150,000 in this location, insured yes, but replacing is due to the nature of these items rather difficult.



Now, my question: What are our rights here, since we cannot maintain this location given the flooding risks. If we would like to break our lease, what should we do?
Reply With Quote
  #2  
Old 21.10.2019, 10:52
AbFab's Avatar
Forum Legend
 
Join Date: Sep 2006
Location: Zürich
Posts: 7,421
Groaned at 315 Times in 211 Posts
Thanked 9,893 Times in 3,476 Posts
AbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond repute
Re: Flooding in our Warehouse

Burn the place down and claim on your insurance??
Reply With Quote
This user would like to thank AbFab for this useful post:
  #3  
Old 21.10.2019, 10:53
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,352
Groaned at 117 Times in 100 Posts
Thanked 5,145 Times in 2,434 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Flooding in our Warehouse

Quote:
View Post
Now, my question: What are our rights here, since we cannot maintain this location given the flooding risks. If we would like to break our lease, what should we do?
Talk to a lawyer and check your insurance contract - I expect you’ll find that the insurance will not pay out in a situation where you fail to protect your stock against a known risk. You know about the risk and you have reported the issue, so it would not be hard for the loss adjuster to argue the issue.
Reply With Quote
This user would like to thank Jim2007 for this useful post:
  #4  
Old 21.10.2019, 11:26
Junior Member
 
Join Date: Jan 2012
Location: Lausanne
Posts: 94
Groaned at 1 Time in 1 Post
Thanked 67 Times in 42 Posts
hans1 has become a little unpopular
Re: Flooding in our Warehouse

Thank you for your replies. We have had no damage yet.



Talking to a lawyer would be considered a last resort, our small local business would like to avoid these fees.



Does anyone have had any experience with respect to a landlord not providing contracted facilities/storage and using this as a argument to prematurely breaking a lease?
Reply With Quote
  #5  
Old 22.10.2019, 00:18
Forum Veteran
 
Join Date: Aug 2010
Location: Zurich
Posts: 704
Groaned at 0 Times in 0 Posts
Thanked 854 Times in 448 Posts
irish_temptation has a reputation beyond reputeirish_temptation has a reputation beyond reputeirish_temptation has a reputation beyond reputeirish_temptation has a reputation beyond repute
Re: Flooding in our Warehouse

Not sure if it will be easy because you saw the place before you signed, no? Collect all the papers you have (contract erc) and take pictures with your phone. Then use the consultation provided by the lawyers association for CHF 40. They might be able to tell you what to do. https://www.oav.ch/publique/permanences-juridiques/

Or try the ASLOCA the renters association.
Reply With Quote
  #6  
Old 22.10.2019, 00:48
Forum Legend
 
Join Date: Mar 2016
Location: Leimbach, Zürich
Posts: 6,015
Groaned at 352 Times in 285 Posts
Thanked 6,818 Times in 3,418 Posts
EdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond repute
Re: Flooding in our Warehouse

Quote:
View Post
Does anyone have had any experience with respect to a landlord not providing contracted facilities/storage and using this as a argument to prematurely breaking a lease?
I have no experience, but a cancellation without respecting the cancellation terms is possible if the damage/defects are so serious that remaining in the object is unreasonable. If they still are serious but not so bad that the object cannot be used you can apply for a discount.

The procedure is simple, you send some letters demanding the problem to be fixed, you send a letter telling that you'll cancel the rent if the problem is not fixed, you send a letter that you cancel the rent since the problem was not fixed, you move your stuff out, give them the keys and stop paying rent (all with respecting reasonable terms)

Practice however is that a lot of these cases make it to court, and if you lose you have to pay. And I have no clue if your problem is considered serious enough to cancel the rent. To know your chances you would have to contact a lawyer specialised in these things.
Reply With Quote
This user would like to thank EdwinNL for this useful post:
This user groans at EdwinNL for this post:
  #7  
Old 22.10.2019, 01:31
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,352
Groaned at 117 Times in 100 Posts
Thanked 5,145 Times in 2,434 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Flooding in our Warehouse

Quote:
View Post
Talking to a lawyer would be considered a last resort, our small local business would like to avoid these fees.
penny wise and pound foolish is the phrase that comes to mind.

Surely it must be worth spending a couple of hundred Francs to protect your interests in stocks worth 150k.
Reply With Quote
  #8  
Old 22.10.2019, 07:43
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 11,771
Groaned at 680 Times in 497 Posts
Thanked 15,759 Times in 6,174 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: Flooding in our Warehouse

Quote:
View Post
Thank you for your replies. We have had no damage yet.



Talking to a lawyer would be considered a last resort, our small local business would like to avoid these fees.



Does anyone have had any experience with respect to a landlord not providing contracted facilities/storage and using this as a argument to prematurely breaking a lease?
Wow, this statement is very low on common sense. It doesn't cost much (comparatively speaking) to get an initial consultation from a lawyer who is an expert in this area. You have 150k in stock and want to put that in the hands of random people on internet forums?

The mind boggles.
Reply With Quote
  #9  
Old 22.10.2019, 09:31
Junior Member
 
Join Date: Jan 2012
Location: Lausanne
Posts: 94
Groaned at 1 Time in 1 Post
Thanked 67 Times in 42 Posts
hans1 has become a little unpopular
Re: Flooding in our Warehouse

Thank you all for your answers.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Big warehouse in Zurich dimaria Other/general 0 19.10.2017 15:05
Whereas flooding in Ireland... dod Jokes/funnies 3 18.12.2015 10:10
Big warehouse in Zurich Cosmia Other/general 12 24.10.2014 16:40
Warehouse/Ecommerce Logistic Service in Germany bobo_97 Business & entrepreneur 1 02.04.2013 15:46
Data Warehouse/ETL/BI Opportunities in Switzerland jeeta Employment 20 27.10.2011 10:56


All times are GMT +2. The time now is 05:39.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0