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Old 03.11.2012, 11:30
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problems with aggressive landlord

I'm subletting a room in a colocation and was asked to leave the room within two weeks because the leaseholder wants a friend to move in. I insisted on receiving the blue form from the canton for lease termination because it's impossible to find a new place so quickly and the blue form confirms certain rights. However my landlord is saying that we have an oral fixed term contract that automatically extends. For non-renewal no termination via blue form is required, he's claiming. I didn't accept that explanation. Last night, he came around midnight together with his friend without any forewarning, and asked me to sign a document stating that I would leave within a few days and pay several hundred CHF for cleaning (even though the apartment is perfectly clean). When I refused to continue the conversation he started threatening me with calling the police. I locked myself into my room after further door knocking, insulting and threatening he finally left around 1 or 2 am in the morning. I'm still in shock. What's your advice?
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Old 03.11.2012, 11:34
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Re: problems with aggressive landlord

call the police. lodge a complaint.
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Old 03.11.2012, 11:35
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Re: problems with aggressive landlord

I went to the local police, however my French is quite limited, and I'm not sure if they completely understood. The said that for civil right issues I've to go to "... jurisdication ...".
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Old 03.11.2012, 11:51
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Re: problems with aggressive landlord

Totally out of order- and I am so sorry you had to go through this ordeal!
Do you have a Swiss friend, colleague, etc, who could go to Asloca on Monday - this is the organisation which looks after rentors' rights. You talk about collocation - can't the other residents of the flat help you with this, or is the leaseholder the only other resident?
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Old 03.11.2012, 11:51
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Re: problems with aggressive landlord

Next time he comes knocking tell him to call the police. Start looking for a new collocation now. I know how hard it is to find a place in Lausanne and a collocation is easier to find. Try EasyWG.ch or even a bed and breakfast. Some will do long stays for around 800 to 1000 a month.

He's say you only have an oral agreement? In that case you are not required to pay for cleaning as there is no contract!! What about your deposit? Did you pay a deposit. Either way you should get ready to leave. This guy sounds like a bit of a twat.
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Old 03.11.2012, 11:54
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Re: problems with aggressive landlord

Oral contract, and no deposit.

What may happen if I refuse to move out ?
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Old 03.11.2012, 11:56
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Re: problems with aggressive landlord

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I went to the local police, however my French is quite limited, and I'm not sure if they completely understood. The said that for civil right issues I've to go to "... jurisdication ...".
for police you should complain about threatening behaviour. that is not a civil matter.
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Old 03.11.2012, 12:04
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Re: problems with aggressive landlord

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for police you should complain about threatening behaviour. that is not a civil matter.
And here comes the language barrier problem. OP: find a French/English speaker to go with you so they truly do understand your situation and can provide you with the assistance you need. And as a token of your appreciation, invite the translator out to dinner.
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Old 03.11.2012, 12:10
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Re: problems with aggressive landlord

Pepper spray and / or bleach. Use it next time you feel threatened.
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Old 03.11.2012, 14:18
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Re: problems with aggressive landlord

A couple of points.
Pepper spray is illegal in Switzerland, so don't go down that route (well it's not illegal, but subject to authorizations).
Next time you have to call the police, tell them you have been agressed, that isn't a civil law issue, but a criminal one and the police will act. The eviction part won't interest the police.
I'm not an expert on letting, and that's a good reason for you to find someone who is, but I suspect there isn't a great deal of difference between an oral agreement and a written, except that with a written one, it's a little easier to prove what's been agreed. That being said, as a tenant, you do have the regular rights that apply to tenants and that includes being given notice in the regular way.
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Old 04.11.2012, 17:20
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Re: problems with aggressive landlord

Hello,

I finally received the blue form.

It says that I have to move out of my room in two weeks.

However the notification period for apartments are three months, right ?

Does he has a right to come without notification ?

What can I do if he continues entering the apartment any time ?
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Old 04.11.2012, 17:32
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Re: problems with aggressive landlord

As Odile recommended above, you need to get in touch with Asloca (the renters' organisation) right away. Membership will cost you about CHF85- per year, but it's worthwhile. They will be able to advise you on your rights and tell you what course of action to take.

They also often speak English and can help you prepare forms / letters / etc.

Their website for Canton Vaud is: http://www.asloca.ch/asloca-vaud

Google Translate should help you understand the page.
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Old 04.11.2012, 18:17
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Re: problems with aggressive landlord

Can I call the police if they come again without notification ?

Or do they come only if they start to be physically violent ?
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Old 04.11.2012, 18:38
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Re: problems with aggressive landlord

If you don't have a contract and everything of this is not written anywhere you can refuse to leave, but with every trouble can follow. But I also think you must report to the police this threatening behaviour, that they come in your place in the night without notice threatening you signing papers...none has the right to go to someone else places without notification specially in the night.
Look, find another place. Visit this: www.lausanne-tourisme.ch/accomodation or: www.bnb.ch/
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Old 04.11.2012, 18:51
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Re: problems with aggressive landlord

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As Odile recommended above, you need to get in touch with Asloca (the renters' organisation) right away. Membership will cost you about CHF85- per year, but it's worthwhile. They will be able to advise you on your rights and tell you what course of action to take.
Maybe it's different/better in Romandie but I found the Zurich Mieterverband to be rather useless for such matters. Yes, they offer free legal advice to members but I had to stand in line for almost an hour and the advice given was rather limited and not very specific.

I still encourage everyone to support them and become a member because they are one of the few political forces lobbying for tenant's rights but Asloca/Mieterverband membership does not replace legal insurance. (Which is a must in Switzerland IMHO.)

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It says that I have to move out of my room in two weeks.

However the notification period for apartments are three months, right ?
Is your room furnished? For furnished rooms it's actually two weeks.

Code des obligations

Last edited by Mark75; 04.11.2012 at 19:03.
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Old 04.11.2012, 21:18
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Re: problems with aggressive landlord

I would say it is well worth going to the local tenant association and now. I dont think they are useless in that they know the laws well enough. Insurance does not kick in anyway for 3 months even if you get one tomorrow.
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Old 06.11.2012, 12:38
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Re: problems with aggressive landlord

I can only recommend qjuris.ch

They sent a 3 page analysis in French / English replying all my questions in great detail with all the respective references.

They sent they're analysis on Sunday night, so I would have time to do the next steps in a timely manner. They also responded to further questions.

I paid 30 CHF for that service, less then for a cleaning lady !
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Old 06.11.2012, 12:42
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Re: problems with aggressive landlord

Bonne chance Carousal - but if your room was rented to you furnished, then only a two week notice is required. So was your room furnished, or not (did it have a bed and other furniture, or not?).
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Old 06.11.2012, 12:46
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Re: problems with aggressive landlord

It's furnished, however, two weeks notice means, that two weeks prior to the end of a month can be terminated. Not to a random date.
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