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Old 27.04.2011, 22:53
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ending rental agreement find new tenant next to a construction site

When I rented my apartment there was a vacant lot next door. A week after moving in the trucks and diggers rolled in and they work 7am to 7pm and a generator runs under my bedroom window 24/7. I didn't mind so much as in the mornings as it gets me out of bed but if I want to work from home or I'm sick its a drag as I have no peace at all. The extra cleaning and noise is irritating on the evenings and occasional weekend, but they are 3 months in and the foundations aren't done which makes me think its over a year's project of what is likely to be 20 apartments.

Ho hum, and I now want to end my tenancy agreement early but cannot because there is a construction site next door. People have seen it and love the location in seefeld, 50m from the lake, but all say they won't pay 2900chf to live next to the construction. Which I totally understand. To be honest had I known it would be a construction site I probably wouldnit have rented it in the first place :-/

The issue is I can't 'resell' it to a new tenant as nobody wants the dirt and noise. Especially when paying top dollar. Is there wiggle room on the contract terms as I a) didn't know about the building work up front, shouldn't the landlord be obliged to inform about it? And b) the value on the rental market is now less than I signed up at a time when there was no construction. I now know why the previous tenant left as there were demolition works and he must have decided to move on. As soon as I mentioned this to the landlady she has now gone quiet.

I want to end the contract well and appropriately and will see the mieterverband tomorrow. But has anyone experience of what might happen? I feel like I'm holding the bag of shhh when I wasn't adequately informed in advance - I mean who checks the building plans with the city when you move to a new apartment. Not me. I feel a bit duped. Surely major construction about to start is something you should be informed about before you sign?

Last edited by MusicChick; 27.04.2011 at 23:18. Reason: Help with editing.
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Old 27.04.2011, 22:59
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Re: ending rental agreement find new tenant next to a construction site

Sorry I had issues copying and pasting but can't edit the original post so it repeats :-o
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Old 27.04.2011, 23:20
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Re: ending rental agreement find new tenant next to a construction site

I hope it looks better now, good luck with the issue.
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Old 27.04.2011, 23:32
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Re: ending rental agreement find new tenant next to a construction site

You should sign up with the local tenant's association ASAP. Then you should go see them. There is normally the possibility to renegotiate the rent when you are in a situation such as you are in currently.

There was one case where the rent was reduced by almost 40% during the construction. You do need some legal help to get this moving. They may also need to do some noise testing (how many db of noise and when etc.)

A link (in French).

Link (see first topic): http://www.bonasavoir.ch/jurisprudence.php?cat=172

A rough Google translate ( I am too lazy to do it myself since it is late):

A tenant has requested a reduction of rent by 40% due to inconvenience to the proximity of two major projects. The landlord refused, partly because one of the projects was the construction of a work of public interest. The Federal Court (TF), for its part, sees no reason to reject the claims of the tenant. In all cases, the noise of a site is considered a default under the lease law, even in the middle of a city. Indeed it exceeds the noise caused by normal city life. It therefore gives rise to a reduction of rent during the construction period. In the particular case, a decrease of 37% for 27 months is justified


Good luck.
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Old 27.04.2011, 23:43
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Re: ending rental agreement find new tenant next to a construction site

You shouldn't have to "sell" the apartment on if you respect the notice period which should be mentioned in your contract. It's probably 3 months or so. So you'll have to hold out for those months. But I think you should be able to get out if it.

In the meantime you should definitely discuss with the rental association if you can get a discount from the landlord. Don't know.
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Old 28.04.2011, 00:09
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Re: ending rental agreement find new tenant next to a construction site

The following link says how much rent reduction you can claim for 'lacks' in a rented property, with references to previous court cases.

http://translate.google.com/translat...ed_maengel.pdf


(It also says how much reduction you can get for other cases, e.g. too low heating temperature in winter, bad isolated windows etc.)


P.S. the list is quite long so you have to scroll down to the end to see the cases regarding reduction due to noise. good luck with the mieterverband tomorrow
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