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Old 17.07.2012, 22:12
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mold/schimmel damage to personal items & rights as a renter

Dear All,
After recently moving into a beautiful restored loft in March, I have just come to find out that a majority of our personal belongings that we put into the Keller of our loft have been destroyed due to Mold! The mold process seems to have been very rapid as we had been to the keller a couple of weeks ago and there was no damage to see! The mold really seems to be attracted to anything of dark color however even our son's new wooden bed has been affected.
Being rather upset of losing the majority of our personal belongings in the keller, I informed our landlord as well as sent photo's for an immediate solution & compensation for the irreversible damaged items!
The list of the Items that where destroyed were approx 8000 euro in value.

There are a small number of kellers in our building( 6 total ) & we are the only ones with damage as the wall to our keller seeps water.

Today we heard back from our landlord & he basically is saying that he Does not feel responsible for the damage and the we have a natural keller and informed us that we should file an insurance claim thru our Haftpflichtversicherung however they would relocate us to a new keller.

Our main problem is we have got around to getting a Haftpflichtversicherung as we have just relocated here!

Do I have any legal rights in this matter & should I proceed with further steps against the landlord???? Or is it a lost cause!

Thanks & Regards,
Paul
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Old 17.07.2012, 22:15
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Re: mold/schimmel damage to personal items & rights as a renter

Considering the loss, I would reach the MV and ask for advice. Membership is affordable as well.

http://www.mieterverband.ch/zh_top.0.html

Address:
Tenants Association Zurich
Tellstr. 31
Postfach 1949
8026 Zurich
E-mail: info (at) mvzh.ch
(No legal advice via e-mail)

Office opening times:
Mon-Fri 9-12 and 13.30-17h
Phone: 044 296 90 20
Fax: 044 296 90 26

Bus station :
Cannon Street (Bus 31) or
Militär-/Langstr. (Bus 31, 32)
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Old 17.07.2012, 22:46
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Re: mold/schimmel damage to personal items & rights as a renter

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Considering the loss, I would reach the MV and ask for advice. Membership is affordable as well.

http://www.mieterverband.ch/zh_top.0.html

Address:
Tenants Association Zurich
Tellstr. 31
Postfach 1949
8026 Zurich
E-mail: info (at) mvzh.ch
(No legal advice via e-mail)

Office opening times:
Mon-Fri 9-12 and 13.30-17h
Phone: 044 296 90 20
Fax: 044 296 90 26

Bus station :
Cannon Street (Bus 31) or
Militär-/Langstr. (Bus 31, 32)
Thanks for the quick reply & Info...
also i saw a mistake in part of the original post. it should be...
Our main problem is we have not gotten around to getting a Haftpflichtversicherung as we have just relocated here!
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Old 17.07.2012, 22:53
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Re: mold/schimmel damage to personal items & rights as a renter

I think some rental contracts state that if you store items in your cellar, you do so at your own risk.
Maybe you want to check your rental agreement to see if there is such a clause in it?

Zürich MV offers liability insurance: http://www.mieterverband.ch/zh_haftpflicht.0.html
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Old 17.07.2012, 23:09
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Re: mold/schimmel damage to personal items & rights as a renter

Quote:
I think some rental contracts state that if you store items in your cellar, you do so at your own risk.
Maybe you want to check your rental agreement to see if there is such a clause in it?

Zürich MV offers liability insurance: http://www.mieterverband.ch/zh_haftpflicht.0.html
Thank you
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  #6  
Old 18.07.2012, 00:21
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Re: mold/schimmel damage to personal items & rights as a renter

Even if you did have a Haftpflichtversicherung (liability insurance) it would not pay out on damage to your own goods.

However a Hausratversicherung (Household Goods Insurance) might do, depending on the terms & conditions.
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Old 18.07.2012, 08:28
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Re: mold/schimmel damage to personal items & rights as a renter

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Even if you did have a Haftpflichtversicherung (liability insurance) it would not pay out on damage to your own goods.

However a Hausratversicherung (Household Goods Insurance) might do, depending on the terms & conditions.
Would i be able to make a claim regarding what has happened now (If I found a Hausratversicherung in the next days), later down the road?

after having a sleep I think the reason our landlord has said he doesn't feel liable, is because Im sure his Haftpflichtversicherung said no to that fact that as it is a 130year old building and they did not renovate the keller! sSo of course he puts the blame to us... Then dont rent me a keller I cant use.
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Old 18.07.2012, 08:34
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Re: mold/schimmel damage to personal items & rights as a renter

You also have no proof whatsoever that the damage is all due to the mold and that the goods were not damaged before.
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Old 18.07.2012, 09:19
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Re: mold/schimmel damage to personal items & rights as a renter

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Would i be able to make a claim regarding what has happened now (If I found a Hausratversicherung in the next days), later down the road?
No, as that would be insurance fraud.

Tom
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Old 18.07.2012, 09:41
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Re: mold/schimmel damage to personal items & rights as a renter

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There are a small number of kellers in our building( 6 total ) & we are the only ones with damage as the wall to our keller seeps water.
Did it already seep water when you brought your stuff to the basement or did you realize that just now when you noticed the damage ?
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Old 18.07.2012, 10:07
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Re: mold/schimmel damage to personal items & rights as a renter

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Did it already seep water when you brought your stuff to the basement or did you realize that just now when you noticed the damage ?
No, we noticed it when we saw the damage, there was quite a bit of rain the past couple of weeks and I think the main problem is that this one side foundation wall is seeping water. We have the corner keller with 2 foundation walls...the rest of the kellers beside us only have the one back wall & havn't experienced any problems yet!
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Old 18.07.2012, 10:12
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Re: mold/schimmel damage to personal items & rights as a renter

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No, we noticed it when we saw the damage, there was quite a bit of rain the past couple of weeks and I think the main problem is that this one side foundation wall is seeping water. We have the corner keller with 2 foundation walls...the rest of the kellers beside us only have the one back wall & havn't experienced any problems yet!
I think that your most promising course of action is to join the tenants association (the link was already posted) and get free legal advice there. If I was in your shoes I would say that the keller has to be fit for purpose, which it obviously isn't, and write to the landlord asking for compensation and a rent reduction (if he can't provide a suitable keller). If he didn't respond favourably I would then take him to mediation. A keller that leaks water and is damp and humid is not a keller in the normal sense in which it is understood when people rent apartments.
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Old 18.07.2012, 11:58
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Re: mold/schimmel damage to personal items & rights as a renter

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I think that your most promising course of action is to join the tenants association (the link was already posted) and get free legal advice there. If I was in your shoes I would say that the keller has to be fit for purpose, which it obviously isn't, and write to the landlord asking for compensation and a rent reduction (if he can't provide a suitable keller). If he didn't respond favourably I would then take him to mediation. A keller that leaks water and is damp and humid is not a keller in the normal sense in which it is understood when people rent apartments.
Just got an appointment today with a Lawyer @ the Tenants Association Zurich.
Thanks & Wish Me Luck!
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Old 18.07.2012, 11:59
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Re: mold/schimmel damage to personal items & rights as a renter

I wish you all the best! Keep up updated.
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Old 18.07.2012, 12:02
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Re: mold/schimmel damage to personal items & rights as a renter

Good Luck! Its being able to prove the damage and that the kellar is unfit for purpose that is the challenge most kellars being underground are not considered water/damp proof and we have just had a very wet July
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Old 18.07.2012, 12:06
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Re: mold/schimmel damage to personal items & rights as a renter

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Good Luck! Its being able to prove the damage and that the kellar is unfit for purpose that is the challenge most kellars being underground are not considered water/damp proof and we have just had a very wet July
going downstairs to take photo's of the keller floor,walls & ceiling to show to the lawyer!
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