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Old 26.06.2012, 14:06
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Looking for a litigation lawyer

Hello I am looking for a lawyer in the Geneva area.
My neighbours downstairs own a restaurant and fumes and smoke 7 days a week until 2am has pretty much ruined most of my clothes, furniture etc.

I dont know what the litigation laws are here however I do know there are laws called belastigung that are meant prevent businesses from emmiting offensive odurs sounds etc.

Thank you
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Old 26.06.2012, 19:33
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Re: Looking for a litigation lawyer

Don't know of a lawyer, but if the restaurant was there first I don't think you'd have much luck. You would have known about the possibility of such things and I suspect it would be too late to complain about it now.
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Old 26.06.2012, 20:41
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Re: Looking for a litigation lawyer

It would be cheaper as a first step to complain to your landlord, and maybe join the renters' association ASLOC, whom will be able to advise you, and give you example letters, to send to the restaurant.
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Old 26.06.2012, 20:55
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Re: Looking for a litigation lawyer

probably cheaper to move than to pay for a lawyer. The restaurant was there before you moved...

If they have really ruined your clothes and furniture it must be really bad, and even if it is really bad how does it get into your apartment?

If there is a big problem with the restaurant and it does get into your apartment you might have a case, but you need to decide if it's worth the hassle and cost to do anything about it or if it's easier to just move somewhere else.
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Old 26.06.2012, 21:06
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Re: Looking for a litigation lawyer

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Old 26.06.2012, 21:18
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Re: Looking for a litigation lawyer

I don't believe that it should make any difference whether the restaurant was there first or not. A reasonable behaviour is expected from all people and businesses and this restaurant is not behaving reasonably. Are any of your neighbours also affected? If you don't get a recommendation for a lawyer here then an internet search will provide a list. Good luck.
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Old 27.06.2012, 00:25
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Re: Looking for a litigation lawyer

With his signature on the contract, the tenant binds himself to rent you the flat as specified in the contract and with your signature, you declare to accept to rent it according to the contract.

In this situation, you would have to prove to your tenant that the flat you rent doesn't correspond anymore to what is specified in the contract.

This situation is quite current, especially with construction works, i.e. In this case, there can be an objective reduction of the value/quality of living of a flat/house, etc.. which can lead to a lower rent. For a restaurant that was already there as you accepted to rent the flat....I'd first ask the ASLOCA.

Good luck!
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Old 27.06.2012, 09:57
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Re: Looking for a litigation lawyer

Tis truly terrible. We all have to live next to and on top of each other in these cities, so people should try at least to be just a little bit aware of those who around them. I hate confrontation.

In Geneva there is a a chronic housing shortage people have been waiting for over 3 years for accommodation and I would have moved months ago if it were that simple.

To make things worse since we asked them to turn their extractor fan up not only have they decided not to do so and really go hard at stinking my house out but they have also over the last 3 days decided to do some renovations to their restaurant.. at 0130 am. probably just to spite us. People.. they can be such @ssholes just for the sake of being @assholes.

This morning I was so pissed off I felt like going down stairs and taking a dump in front of the shop front just to express my anger.
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Old 27.06.2012, 10:01
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Re: Looking for a litigation lawyer

Doing renovation work at 1am is illegal - you can call the police because they are disturbing the peace. Even as a renter, you are entitled to quiet periods between 10pm and 6am, as well as 12noon to 1pm. If the noise coming from the restaurant during these times is excessive, you can demand that they take action to lower the noise levels.
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