Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 10.11.2012, 13:42
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Is this legal

We moved house in July, and did everything requested by the landlord.
We passed the final inspection everything was signed off and we received our deposit back.
All happy and enjoying our new place when what arrived in the letter box this week but a bill for chf 1300.- from our ex landlords for cutting down their trees in their garden at the end of October!

Is this legal?

Help...advise please
Reply With Quote
  #2  
Old 10.11.2012, 13:48
Guest
 
Posts: n/a
Re: Is this legal

You cut down trees the garden of a property you rented, without permission?

Do you know how much larger more mature trees cost?

Or did the owners cut the trees at your request?
Reply With Quote
  #3  
Old 10.11.2012, 13:52
lola07's Avatar
Senior Member
 
Join Date: Mar 2011
Location: zurich
Posts: 276
Groaned at 27 Times in 13 Posts
Thanked 168 Times in 101 Posts
lola07 has earned some respectlola07 has earned some respect
Re: Is this legal

Odile, I think he meant that the landlord cut their trees themselves - and charge the OP for that - am I right?
Reply With Quote
  #4  
Old 10.11.2012, 14:04
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Re: Is this legal

When we moved out in July everything was done and dusted, they (our ex Swiss landlords) have subsequently got a gardener in, in October to cut down random trees etc and sent us the Bill!

A new tenant moved in directly after us in July so the house has not been empty.
Reply With Quote
  #5  
Old 10.11.2012, 14:07
Guest
 
Posts: n/a
Re: Is this legal

Well, of course it isn't legal, you weren't even living there. It should be quite easy to prove.

Could it be a mistake?
Reply With Quote
  #6  
Old 10.11.2012, 14:08
Guest
 
Posts: n/a
Re: Is this legal

In which case, way out of order and I would refuse. Send them a letter to that effect, recommended.

Unless you planted the trees yourself without asking permission and they are causing shade, root damage, etc.
Reply With Quote
  #7  
Old 10.11.2012, 14:13
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Re: Is this legal

No mistake, it was addressed to us and the gardner even warned us that they were going to send the bill!

We have maintained the Garden with him throughout our tenancy, but would never have just cut their trees down as they have now.

We have our deposit back and they day we moved out and signed off we had a third party with us to help with translation and the garden was not mentioned.
They have even had the cheek to back date the bill to 2009 when we first moved in!

We are pretty upset by all this as we have been outstanding tenants and even not complained about the dodgy heating system and bathroom, just coughed up our rent evrey month in good faith.
Reply With Quote
The following 2 users would like to thank Fowler23 for this useful post:
  #8  
Old 10.11.2012, 14:15
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Re: Is this legal

Gosh , sorry about the spelling errors its an off shoot of irate typing!!
Reply With Quote
The following 2 users would like to thank Fowler23 for this useful post:
  #9  
Old 10.11.2012, 14:22
Jumping Captain's Avatar
Forum Veteran
 
Join Date: Sep 2012
Location: CH
Posts: 1,122
Groaned at 76 Times in 59 Posts
Thanked 1,048 Times in 536 Posts
Jumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond repute
Re: Is this legal

Quote:
View Post
Gosh , sorry about the spelling errors its an off shoot of irate typing!!
Understandable.

Like the others said, write your letter in English. Get some help translating it. Send it to the ex-landlords, certified. Wait. There is a person in your community/city hall that is there for exactly this kind of thing. My tip is to make a friendly attempt to explain your side and see how it comes out. Worst case, you go to the city hall there and ask for assistance.
JC
Reply With Quote
  #10  
Old 10.11.2012, 14:23
AbFab's Avatar
Forum Legend
 
Join Date: Sep 2006
Location: Zürich
Posts: 8,529
Groaned at 364 Times in 251 Posts
Thanked 12,754 Times in 4,349 Posts
AbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond repute
Re: Is this legal

Send your old landlord a bill for the same amount for cutting trees down at your new place. It has the same logic.

It's either a mistake or your ex-landlord is a crook or simply daft...
Reply With Quote
The following 2 users would like to thank AbFab for this useful post:
  #11  
Old 10.11.2012, 14:31
Wallabies's Avatar
Forum Legend
 
Join Date: Sep 2011
Location: Winterthur
Posts: 3,219
Groaned at 311 Times in 176 Posts
Thanked 3,314 Times in 1,577 Posts
Wallabies has a reputation beyond reputeWallabies has a reputation beyond reputeWallabies has a reputation beyond reputeWallabies has a reputation beyond repute
Re: Is this legal

Make sure the letter includes the intent to involve a solicitor and send a photo of the garden dated this summer showing the trees are still there. Its criminal and fraud to try backdating, even bettr go and have a look at the garden to see if the trees have even been removed yet, good chance they hav mare it all up and the trees are not even removed.
Reply With Quote
  #12  
Old 10.11.2012, 14:37
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Re: Is this legal

Thanks everyone, nice to know that our instincts were right and they are being totally unreasonable
Reply With Quote
  #13  
Old 10.11.2012, 14:39
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Is this legal

Quote:
View Post
We moved house in July, and did everything requested by the landlord.
We passed the final inspection everything was signed off and we received our deposit back.
All happy and enjoying our new place when what arrived in the letter box this week but a bill for chf 1300.- from our ex landlords for cutting down their trees in their garden at the end of October!

Is this legal?

Help...advise please
You might want to look at what is written in the rental contract you signed, the answer might be in black & white!
Reply With Quote
This user would like to thank fatmanfilms for this useful post:
  #14  
Old 10.11.2012, 14:49
Forum Legend
 
Join Date: Feb 2007
Location: Zurich Unterland
Posts: 3,315
Groaned at 145 Times in 99 Posts
Thanked 4,850 Times in 1,930 Posts
smoky has a reputation beyond reputesmoky has a reputation beyond reputesmoky has a reputation beyond reputesmoky has a reputation beyond reputesmoky has a reputation beyond reputesmoky has a reputation beyond repute
Re: Is this legal

Quote:
View Post
We moved house in July, and did everything requested by the landlord.
We passed the final inspection everything was signed off and we received our deposit back.
All happy and enjoying our new place when what arrived in the letter box this week but a bill for chf 1300.- from our ex landlords for cutting down their trees in their garden at the end of October!

Is this legal?

Help...advise please
You moved out of the house in July.
They cut the trees down in October? ....July.... August .... September .... October ......3 months later?
You were not there, had no connection to the house, why send YOU the bill?

What`s that about "backdating" to 2009? Were the trees cut in 2009? or 2012 after you moved out?
Reply With Quote
This user would like to thank smoky for this useful post:
  #15  
Old 10.11.2012, 14:50
Forum Legend
 
Join Date: Sep 2006
Location: na
Posts: 11,248
Groaned at 37 Times in 33 Posts
Thanked 26,732 Times in 8,253 Posts
meloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond repute
Re: Is this legal

You landlord sounds way off-base, but just to warn you...

Did your rental contract leave the responsibility for garden maintenance to you? If so, he might be trying to argue that trimming trees to regulation height is considered normal maintenance. If that wasn't done throughout your tenancy and now he had to get a gardener in to bring the trees back to allowed heights, his argument might be that this should have been done by you.

However, few Swiss would consider tree trimming 'normal maintance' as most don't have the skill (or the chainsaw ) to do it themselves.

In any case something should have been said at the hand-over if that was the case. A discussion with the Mieterverband would be money well spent.

I'm guessing the someone complained about the trees being over regulation height - and the landlord is just trying it on with you to avoid paying himself.


Mieterverband - membership is one of the best investments around.

Good luck!
Reply With Quote
The following 4 users would like to thank meloncollie for this useful post:
  #16  
Old 10.11.2012, 14:52
Guest
 
Posts: n/a
Re: Is this legal

Maybe in your rental contract, you have to maintain the garden and trees and as it would be totally unreasonable to prune tres in July, they waited until October which is correct time for pruning....

Your responsibility remains, however circumstances dictate that the work should be done later.

In view you moved in the middle of the year, i think you should easily be able to argue that your responsibilty stops in July, ie after 6 moths, therefore only half of the bill coulds be inputed to your account
Reply With Quote
  #17  
Old 10.11.2012, 14:52
Forum Veteran
 
Join Date: Dec 2005
Location: ZH
Posts: 1,185
Groaned at 15 Times in 13 Posts
Thanked 77 Times in 72 Posts
danny has earned some respectdanny has earned some respect
Re: Is this legal

I would send a letter with the date of move out and asking why a bill has been sent for work done after that date.
Reply With Quote
This user would like to thank danny for this useful post:
  #18  
Old 10.11.2012, 17:35
Guest
 
Posts: n/a
Re: Is this legal

Could it be the NEW tenants requested that the trees were cut down? And they sent the bill to the wrong tenants. Ask a colleague with good French to discuss this with your landlord, if your German is not up to scratch.
Definitely NOT for you to pay.


Perhaps Today Only has a point - especially if we are talking about a hedge (like Leylandii or privet, etc) which was not maintained to correct height during your tenancy. However this should have been made clear when you did the inspection, not now! If you want to write a letter in French, I'll happily correct it for you or translate it into French. So are you talking about trees/bushes or a hedge (along the property boundary)?
Reply With Quote
  #19  
Old 10.11.2012, 18:19
Newbie
 
Join Date: Nov 2012
Location: La Tour-de-Peilz
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 9 Times in 3 Posts
Fowler23 has no particular reputation at present
Re: Is this legal

We maintained all the hedges and small trees and shrubs for 3 years from 2009.

The back dating thing is outrageous, they are definitely trying it on, they came to the house twice before we moved out to notify us what needed to be done at our departure ie Anti calc the boiler, chimney sweeping etc

To the owners delight we even treated and painted the exterior wood from our own pockets so as it looked nice for prospective tenants.

The lawns were mown and beds neat and tidy with fresh new bark trimmings and maintained as per our rental agreement.

Nothing and I mean not a single word was mentioned about the trees and hedges not being as they wanted them, they signed off the house we got our deposit and that is why we find ourselves bemused and in shock about their dreadful underhand trick!

You have all been brilliant thank you so much for the offers of help, my husband and I feel reassured that we are doing the right thing by contesting this injustice.
Reply With Quote
The following 5 users would like to thank Fowler23 for this useful post:
  #20  
Old 10.11.2012, 18:36
Forum Veteran
 
Join Date: Dec 2005
Location: ZH
Posts: 1,185
Groaned at 15 Times in 13 Posts
Thanked 77 Times in 72 Posts
danny has earned some respectdanny has earned some respect
Re: Is this legal

I really don't understand why the owners (and so many of them in CH) can be so greedy really. I mean, if the tenant has done all that was needed with no problems, why do they behave like this ? There is'nt a month without a post like this on the forum. Unethical behavior has a limit.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Fund management entity structures: Is this legal? Reb77Br Finance/banking/taxation 39 09.12.2015 13:45
Want to hire an au pair but need 40+ hrs / week, willing to pay extra, is this legal? yogadivadoc Family matters/health 13 13.11.2012 19:06
Indian workers on 6mo visa, earning $10/day: is this possible/legal? Guest Permits/visas/government 101 14.11.2011 16:55
Is this legal? jumpingrat Housing in general 3 14.02.2011 19:16
Is this legal.... [excluding job applicants based on age/family status] Davidluis Employment 9 28.01.2011 11:25


All times are GMT +2. The time now is 00:44.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0