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Old 07.05.2011, 13:05
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Regie gets Aggressive

* Wife went to ASLOCA to check the notice period we need to give on our rental contract as this was not clear in our 2nd contract. ASLOCA pointed out quite a lot of issues with both of the contracts we have had being:

- Overcharging by at least 1050CHF per month, quoting chapter and verse of some legislation.
- One contract not legal because basically tells us we cannot give notice
- Owner has sold his share to developer but still receives the rent (We know he got 1.2 million as it was in the paper +deal on 2 new apartments)
- No permission for renovation he carried out in 2006
- No garage, no cave, no gardner which were in the original
- Notice period is now 3 months as per first agreement.

They sent the Regie notice of proceedings and told them to write back and settle or it will go to tribunal and that the 2nd contract is not legal.

So far so good, we pretty much knew we were being overcharged but mainly we do not want to move out in just under a year and still have to pay rent.

Regie emails my wife yesterday and tries emotional blackmail on her and requests for her to call, which she did. She stated we had been 100% honest and did not understand why he was getting aggressive. He then tells my wife he knows a lot of people and life will become hard for us, we will not succeed and was quite aggressive and threatening on the phone. Requests a meeting to which she initially agreed but now declined because ASLOCA advised us to stand our ground and make him answer to them correctly.

Thought I would share our experience, life is fun now and I am hoping that they get what they deserve.
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Old 07.05.2011, 13:10
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Re: Regie gets Aggressive

Joining a tenancy organisation certainly pays in these situations. Do not accept calls regarding the contract, even for 'friendly chats'; get everything on paper / email. Such heavy calls are unacceptable. The Mietverband / tenants assoc. will recommend you go through them for all 'legal' correspondance, and with good cause.

Question every bill with them for the double check. It almost always results in your favour!
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Old 07.05.2011, 13:19
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Re: Regie gets Aggressive

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Joining a tenancy organisation certainly pays in these situations. Do not accept calls regarding the contract, even for 'friendly chats'; get everything on paper / email. Such heavy calls are unacceptable. The Mietverband / tenants assoc. will recommend you go through them for all 'legal' correspondance, and with good cause.

Question every bill with them for the double check. It almost always results in your favour!
I have emailed the Regie and told him all communication now has to be through ASLOCA and this is due to his aggressive manner he spoke to my wife, I carbon copied the lawyer at ASLOCA on the email as well.

All bets are off when someone starts to make threats against us as far as I am concerned, still a bit shocked they think they can get away with this type of behaviour.
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Old 07.05.2011, 14:36
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Re: Regie gets Aggressive

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I have emailed the Regie and told him all communication now has to be through ASLOCA and this is due to his aggressive manner he spoke to my wife, I carbon copied the lawyer at ASLOCA on the email as well.

All bets are off when someone starts to make threats against us as far as I am concerned, still a bit shocked they think they can get away with this type of behaviour.
Well done.

If he does try to harass you, by calling or whatever, I assume you can then go to the police?
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Old 07.05.2011, 14:46
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Re: Regie gets Aggressive

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If he does try to harass you, by calling or whatever, I assume you can then go to the police?
Not sure, but if he does then we will seek advice from the lawyer.
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Old 07.05.2011, 14:48
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Re: Regie gets Aggressive

If he has made threats and harassed you, go to the Police anyway. Don't leave it too late.
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Old 07.05.2011, 14:56
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Re: Regie gets Aggressive

I would suggest you search for a new apartment too
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Old 09.05.2011, 16:28
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Re: Regie gets Aggressive

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If he has made threats and harassed you, go to the Police anyway. Don't leave it too late.
I have to agree here.
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Old 25.08.2011, 11:14
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Re: Regie gets Aggressive

We received a letter that we are requested to attend court in around 2 to 4 months from now. All the paperwork and legal matters have been handled by ASLOCA.

Will post an update after the hearing.
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Old 25.08.2011, 11:17
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Re: Regie gets Aggressive

Are you dealing with ASLOCA in English or French?
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Old 25.08.2011, 11:17
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Re: Regie gets Aggressive

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We received a letter that we are requested to attend court in around 2 to 4 months from now. All the paperwork and legal matters have been handled by ASLOCA.

Will post an update after the hearing.
Good Luck. I wish you get em. Good.
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Old 25.08.2011, 11:27
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Re: Regie gets Aggressive

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Are you dealing with ASLOCA in English or French?
In French but the lawyer also speaks good English and takes his time to answer any of our questions.
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Old 25.08.2011, 11:59
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Re: Regie gets Aggressive

for some reason this makes me happy luckily our regie(rosseta) is leaving us alone and never bothers us. unlike the one we had before (Fuhrer)
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Old 01.12.2011, 20:38
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Re: Regie gets Aggressive

Time for an update and hope this helps someone in the future.

Attended a rent tribunal just over a month ago, we had ASLOCA representing us and the other side came mob handed with a pretty heavy duty lawyer. First meeting we were advised by the chair person to try and come to settlement. The lawyer for the other side huffed and puffed lots of words and took up most of the allotted time to basically state we had a good deal. The other side offered for us to accepts the same rent, they promised not to put it up and three months notice but we had to find the replacement tenant.

The apartment has been sold to developers but the original landlord still receives the rent, so including the relatives there was 10 of them and 3 of us
The female lawyer was a bit of a wet lettuce and lucky for us we could see no settlement was going to be possible at that point.

Outcome we had to propose what we wanted to the other side and another date would be set to try and settle the matter, that date was today. (1st December 2011). The paperwork from the other side offered nothing new as of this morning, they did not want to offer anything.

Wind forward to today and Mrs.Magic attended, different lawyer who was much sharper and answered all the question beforehand. The wife asked for 2 minutes to speak and then rattled off our list of short but to the point arguments. Our biggest concern was finding the replacement tenant as we now have the paper which says the building will be demolished in March 2013, so try renting that out especially as they can reject the people we put forward.

Now the key point here is that the developers had taken out a mortgage on the property between us starting this action and this meeting. What the hell does that had have to do with it Well a lot because the rental calculation based on their loan stacks up and we were advised we were now in a weaker position and our chances were 50/50. (Told this just before going into the meeting)

The other side came with a revised offer after both sides had their say.
* 3 Months notice (must be before end of calendar month)
* We do not have to find replacement tenants
* One off payment of 10,000 CHF
* Rent stays the same until we leave.

We accepted the deal, being honest knowing the situation we would have taken it without the money, just a clean get out clause. So the old adage that money rules the world it certainly does here.

Current schedule is to move around 1st May 2012 to our new apartment, just waiting for confirmation letter as they are ahead of schedule. Rent for this place is already in a separate account and enough to cover us until we move.

Result

Apologies for the long post
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Old 01.12.2011, 20:50
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Re: Regie gets Aggressive

The tactics of some of those Regies are appalling - well done you for taking them on and getting a result. If more people fought against their bullying, they might think twice. But as you say, money talks. It stinks.
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Old 01.12.2011, 20:51
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Re: Regie gets Aggressive

Good for you! Which regie was it?
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Old 01.12.2011, 20:58
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Re: Regie gets Aggressive

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The tactics of some of those Regies are appalling - well done you for taking them on and getting a result. If more people fought against their bullying, they might think twice. But as you say, money talks. It stinks.
Thanks, the important point for us was that we went from 90% chance of winning to 50% due to their loan. The rest of the details became very secondary. So the money really does talk here a lot louder than I expected.
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Old 01.12.2011, 21:08
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Re: Regie gets Aggressive

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Good for you! Which regie was it?
Will let you know when it is a signed deal as I do not want to temp fate. Have to say we feel a lot better having got this resolved.

Despite the doom and gloom merchants talking about a housing crash this is one reason we want to buy is 'a place to live, home' without having to worry about being evicted and all the other things that we consider to be the minefield of renting here. Anyway we do not see buying as an investment, just a home and giving us the ability to have better control over our future, especially for the children.
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Old 01.12.2011, 22:58
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Re: Regie gets Aggressive

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Will let you know when it is a signed deal as I do not want to temp fate. Have to say we feel a lot better having got this resolved.

Despite the doom and gloom merchants talking about a housing crash this is one reason we want to buy is 'a place to live, home' without having to worry about being evicted and all the other things that we consider to be the minefield of renting here. Anyway we do not see buying as an investment, just a home and giving us the ability to have better control over our future, especially for the children.
Renting being a minefield, I've heard that twice in a span of 10 days now.
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Old 22.12.2011, 13:31
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Re: Regie gets Aggressive

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I have to agree here.
or go round his house with your mate wilson ;-)
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